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FOR THE WESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

File No. 2: 73 CV 26

Hon. Richard A. Enslen

Plaintiff,

BAY MILLS INDIAN COMMUNITY,

SAULT STE. MARIE TRIBE OF

CHIPPEWA

INDIANS,

GRAND

TRAVERSE BAND OF OTTAWA AND

CHIPPEWA INDIANS, LITTLE RIVER

BAND OF OTTAWA INDIANS, and

LITTLE TRAVERSE BAY BANDS OF

ODAWA INDIANS,

Plaintiff-Intervenors / Counter-Defendants,

vs.

STATE OF MICHIGAN,

REBECCA

HUMPHRIES,

DIRECTOR,

DEPARTMENT

NATURAL

RESOURCES,

CHIEF,

FISHERIES

DIVISION,

DEPARTMENT

NATURAL

RESOURCES,

CHIEF,

WILDLIFE DIVISION, DEPARTMENT

OF NATURAL RESOURCES, CHIEF,

LAW

ENFORCEMENT

DIVISION,

DEPARTMENT

NATURAL

RESOURCES,

RESOURCE

MANAGEMENT DEPUTY DIRECTOR,

DEPARTMENT

NATURAL

RESOURCES, AND THE MICHIGAN

NATURAL RESOURCES COMMISSION,

Defendants / Counter-Claimants.

_________________________________________

CONSENT DECREE

CONTENTS

FINDINGS AND ORDER ......................................................................................................... 5

Jurisdiction ..................................................................................................................... 7

II.

Parties Bound.................................................................................................................. 7

III.

Definitions ...................................................................................................................... 8

IV.

Recognition of Treaty Rights ........................................................................................ 11

Regulation of Treaty Rights .......................................................................................... 12

VI.

Definition of the Extent of Inland Article 13 Rights ...................................................... 12

VII.

Land and Waters on which Tribal Members May Exercise Inland Article 13

Rights ........................................................................................................................... 13

VIII.

Commercial Harvests.................................................................................................... 16

IX.

Sale or Trade of Live Animals ...................................................................................... 17

Restrictions on Hunting and Fishing at Particular Locations.......................................... 17

XI.

Gear and Methods of Take ............................................................................................ 26

XII.

The Use of Specially Regulated Fishing Methods in Inland Lakes and Their

Tributaries .................................................................................................................... 35

XIII.

Disease Control............................................................................................................. 37

XIV. Tagging and Reporting Requirements ........................................................................... 37

XV.

Deer Hunting ................................................................................................................ 38

XVI. Wild Turkey Hunting .................................................................................................... 39

XVII. Species in Need of Allocation ....................................................................................... 39

17.1

Elk .................................................................................................................... 39

17.2

Bear................................................................................................................... 40

17.3

Lake Sturgeon .................................................................................................. 41

XVIII. Migratory Birds............................................................................................................. 41

XIX.

Threatened and Endangered Species under State Law ................................................... 42

XX.

Use of State Land.......................................................................................................... 42

20.1

Gathering .......................................................................................................... 42

(a)

Maple Sap/Sugar Bushes........................................................................ 42

(b)

Firewood ............................................................................................... 44

(c)

Conifer Boughs...................................................................................... 45

(d)

Black Ash, Basswood and Ironwood...................................................... 46

(e)

White Birch Bark................................................................................... 47

(f)

Collection of Ground Vegetation and Shrubs ......................................... 48

20.2

Access............................................................................................................... 49

20.3

Temporary Structures ........................................................................................ 50

XXI. Assessment Activities ................................................................................................... 51

XXII. Restoration, Reclamation, and Enhancement Projects ................................................... 52

XXIII. Consultation and Exchange of Information.................................................................... 53

XXIV. Law Enforcement.......................................................................................................... 54

XXV. Wildlife Species for Which the State Does Not Currently Permit Hunting..................... 60

XXVI. Changes to Regulations................................................................................................. 61

XXVII. Dispute Resolution ...................................................................................................... 62

XXVIII. Modifications ............................................................................................................. 66

XXIX. Federal Lands and Federal Law..................................................................................... 66

APPENDICES

Lands and Inland Waters within the Boundaries of the Territory Ceded in the

1836 Treaty .................................................................................................................. 68

B1.

Protocol for the Tribes’ Authorization of Their Members’ Use of Specially

Regulated Fishing Methods and for Management of Tribal and State Walleye

Fisheries in Walleye Lake Systems .............................................................................. 70

B2.

Protocol for the Tribes’ Authorization of Their Members’ Use of Impoundment

Nets and Long Seines in Non-Walleye Lake Systems ................................................... 98

Non-Member Assistance ............................................................................................ 105

State Shotgun Zone as of October 2006 ...................................................................... 106

Streams Designated Types 5, 6 & 7 as of October 2006 ............................................. 107

Lakes Designated Type D as of October 2006 ............................................................ 109

Note 8 to Table 2 of the 2006 Michigan Fishing Guide (p. 10) ................................... 111

State Fishing Regulations Existing a of October 2006 Applicable to Certain

Designated Quality Lakes .......................................................................................... 113

Streams Designated Types 1, 2 & 4 as of October 2006 ............................................. 114

State Regulations for the Harvesting of Minnows or Other Bait Fish with

the Use of Seines as of October 2006 ......................................................................... 119

Birds Not Protected by the Migratory Bird Treaty Act (16 U.S.C. §§ 703-712)

and Mammals that Cannot Lawfully Be Harvested under State Law as of October

2006 ........................................................................................................................... 120

Information Sharing and Consultation Protocol .......................................................... 121

Agreement among the Parties and Proposed Intervenors ............................................ 144

FINDINGS AND ORDER

The Court hereby FINDS:

Defendants/Counter-Claimants State of Michigan, Michigan Natural Resources

Commission, Michigan Department of Natural Resources (“MDNR”) Director, MDNR Fisheries

Division Chief, MDNR Wildlife Division Chief, MDNR Law Enforcement Division Chief and

MDNR Resource Management Deputy Director (collectively, “State”) filed a counterclaim in

this action, United States v. Michigan, No. 2:73 CV 26 (W.D. Mich.) (“Litigation”), against

Plaintiff-Intervenors/Counter-Defendants Bay Mills Indian Community, Sault Ste. Marie Tribe

of Chippewa Indians, Grand Traverse Band of Ottawa and Chippewa Indians, Little River Band

of Ottawa Indians, and Little Traverse Bay Bands of Odawa Indians (collectively, “Tribes”),

seeking a declaration that, with limited exceptions, the Tribes no longer retain the right to hunt,

and the other usual privileges of occupancy, secured by Article 13 of the 1836 Treaty of

Washington on lands and inland waters within the boundaries of the territory ceded in the 1836

Treaty (“Inland Article 13 Rights”) (Dkt. No. 1473), and the Tribes filed a joint reply denying

the State’s claim (Dkt. No. 1477). With the exception of disputed areas lying generally between

the Ford and Escanaba Rivers in the Upper Peninsula and on the Thunder Bay Peninsula in

Alpena County, the lands and inland Waters within the boundaries of the territory ceded in the

1836 Treaty are depicted in Appendix A, which is attached hereto and made a part hereof.

Plaintiff United States filed a supplemental complaint in the Litigation seeking a

declaration that the Tribes retain Inland Article 13 Rights on lands and inland waters within the

boundaries of the 1836 Ceded Territory that have not been required for settlement (Dkt. No.

1504), and the State filed an answer denying the United States’ claim (Dkt. No. 1516).

The Parties explored settlement of their respective claims regarding Inland Article

13 Rights, reached an agreement in principle on the terms and conditions of such a settlement,

and have now stipulated to the entry of this Decree, which is intended to resolve conclusively

such claims, and to provide for the protection of the resources in the 1836 Ceded Territory.

The Parties were represented by attorneys of their own choosing in negotiating

and drafting this Decree, which was the product of arms-length negotiations by Parties of equal

bargaining power.

Accordingly, the Parties have agreed that any ambiguities in this Decree

shall not be construed against any Party on the basis of the status of the Parties or by virtue of the

fact that such Party drafted or assisted in the drafting of the relevant portion of this Decree. The

Parties have further agreed that, in the event of any inconsistency between the terms of this

Decree and the Parties’ agreement in principle, the terms of this Decree shall be controlling.

Representatives of Amici Curiae (Michigan United Conservation Clubs, Coalition

to Protect Michigan's Resources (“CPMR”) [formerly Michigan Fisheries Resource

Conservation Coalition (“MFRCC”)], U.P. Whitetails Association, Inc. and Bays de Noc Great

Lakes Sportsfishermen, Inc.) and applicants for intervention (MFRCC, Stuart Cheney, Robert

Andrus and the Walloon Lake Trust and Conservancy) attended the Parties’ settlement

discussions and support the Parties’ efforts to settle the Parties' respective claims regarding

Inland Article 13 Rights on the terms and conditions set forth in this Decree. The Parties'

Agreement in Principle set forth an agreement among the Parties and the applicants relating to

intervention motions, the terms of which are set forth in Appendix M, which is attached hereto

and made a part hereof.

This Decree is a fair and equitable resolution of the Parties’ respective claims

regarding Inland Article 13 Rights.

NOW, THEREFORE, it is hereby ORDERED, ADJUDGED, AND DECREED that this

Decree shall be entered as the Court’s Judgment and Decree fully and finally resolving the

Parties’ respective claims regarding Inland Article 13 rights. Each Party shall be responsible for

its own expenses incurred in procuring this Decree, including its attorneys’ fees and costs. The

Clerk is directed to enter Judgment accordingly.

I. JURISDICTION

1.1

This Court has jurisdiction over the subject matter of the State’s counterclaim and

the United States’ supplemental complaint pursuant to 28 U.S.C. §§ 1331, 1345, and 1346. This

Decree implements the settlement of the Parties' respective claims with respect to Inland Article

13 rights under the 1836 Treaty of Washington.

1.2

This Court also has personal jurisdiction over the Parties. The Parties waive all

objections and defenses that they may have with respect to the personal jurisdiction of the Court

or to venue in this District for purposes of the entry, interpretation, modification or enforcement

of this Decree.

1.3

The Court shall retain jurisdiction over the Parties and subject matter of this

action to enforce this Decree and to resolve disputes arising under this Decree, subject to Section

XXVII (Dispute Resolution), and to consider modifications of this Decree under Section XXVIII

(Modifications).

II. PARTIES BOUND

This Decree shall apply to and be binding upon the Parties, their officers, employees,

agencies, subdivisions, successors, and assigns and shall remain binding notwithstanding any

future rulings or determinations in any jurisdiction that may be inconsistent with the provisions

of this Decree.

III. DEFINITIONS

As used in this Decree, the following terms shall have the meanings ascribed to them in

this Section III:

3.1

“1836 Ceded Territory” means the territory ceded in the 1836 Treaty of

Washington, 7 Stat. 491.

3.2

“2000 Great Lakes Consent Decree” means the 2000 Consent Decree pertaining

to the Tribes’ Great Lakes fishing rights (Dkt. No. 1458), as heretofore or hereafter amended.

3.3

“Bow” means a bow and arrow or a crossbow and bolt.

3.4

“CFA” means Michigan’s Commercial Forest Act, Mich. Comp. Laws, §

324.51101 et seq.

3.5

“Fish” or “Fishing” means the pursuing, capturing, catching, killing, or taking of

fish, and includes attempting to pursue, capture, catch, kill, or take fish.

3.6

“Gather” or “Gathering” means to take or acquire possession of any wild plant or

part thereof or other natural resource, and includes attempting to take or acquire possession of

any wild plant or part thereof or other natural resource, but does not include Hunting, Trapping

or Fishing.

3.7

“Hand Net” means a net or wire mesh bag of any circumference with a handle

that can be lifted by one person.

3.8

“Handicapped Hunter” means a hunter who is unable to walk due to being a

paraplegic or an amputee, or unable to walk unassisted due to a permanent disability caused by

other condition, disease or injury.

3.9

“Harvesting Activities” means Hunting, Trapping, Fishing, or Gathering or any

combination thereof.

3.10

“Hook-and-Line Gear” means any standard angling gear that uses a hook

imbedded in natural bait or an artificial lure to attract and take fish by hooking them in the

mouth and that is attached to a line to pull fish in for capture. Hook-and-Line Gear includes rods

and reels and tip-ups fished in open water or through the ice, but does not include a trotline.

3.11

“Hunt” or “Hunting” means shooting, shooting at, pursuing, taking, catching,

Trapping, or killing any wild animal or animals.

3.12

“Impoundment Nets” means trap nets or fyke nets, which are stationary nets

attached to the lake bottom that capture fish by guiding them into enclosures.

3.13

“Inland Article 13 Rights” means the right to hunt, and the other usual privileges

of occupancy, secured by Article 13 of the 1836 Treaty of Washington, 7 Stat. 491, on lands and

inland waters within the boundaries of the territory ceded in the 1836 Treaty.

3.14

“Lake” or “Lakes” means an inland lake or lakes of any size, including natural

and artificial lakes and drowned river mouths, except where the context clearly refers to the

Great Lakes.

3.15

“Lake System” means an inland Lake and its tributaries.

3.16

“Long Seine” means a seine that is at least 12 feet in length but no more than 30

feet in length, and no more than four feet in depth.

3.17

“MDNR” means the Michigan Department of Natural Resources, its successor

entities, and those authorized persons or entities acting on its behalf.

3.18

“Non-Walleye Lake System” means a Lake System that is not a Walleye Lake

System.

3.19

“Parties” means, collectively, the United States, the State and the Tribes, and

“Party” means any one of them.

3.20

“Protected Streams” means the Streams and Stream segments identified in

subparagraphs c(i) and (c)(ii) of Paragraph 11.7 of this Decree, subject to any modifications in

such Streams or Stream segments under subparagraph (i) of Paragraph 11.7 of this Decree.

3.21

“Short Seine” means a seine that is less than 12 feet in length, and no more than

four feet in depth.

3.22

“Spear” means a hand, rubber, or spring-propelled spear.

3.23

“Specially Regulated Fishing Methods” means the use of Impoundment Nets or

Long Seines at any time of the year to harvest any species of fish and the use of Spears, Bows,

Hand Nets and Hook-and-Line Gear to harvest walleye in a Walleye Lake System during the

Walleye Spawning Season for that Lake System.

3.24

The terms “State" or "State of Michigan” mean, collectively, the State of

Michigan, the Michigan Department of Natural Resources, the Michigan Natural Resources

Commission, MDNR Director, MDNR Fisheries Division Chief, MDNR Wildlife Division

Chief, MDNR Law Enforcement Division Chief, MDNR Resource Management Deputy, and

their successors and any authorized representatives acting on their behalf, or any one of them.

3.25

“Streams” means all rivers, streams, creeks and flowages.

3.26

“Trap” or “Trapping” means the taking of wild furbearing animals by means of a

3.27

“Tribes” means, collectively, the Bay Mills Indian Community, the Sault Ste.

trap.

Marie Tribe of Chippewa Indians, 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;

“Tribe” means any one of them; and “Tribal” means of or pertaining to a Tribe.

3.28

“Walleye Lake System” means any Lake System known to have a walleye

population maintained either by natural reproduction or stocking of cultured fish.

3.29

“Walleye Spawning Season” means the time of year when walleye reproduce.

For purposes of this Decree, the Walleye Spawning Season is March 15 to the Friday before the

last Saturday in April in Walleye Lake Systems in the Lower Peninsula and April 1 to May 14 in

Walleye Lake Systems in the Upper Peninsula, unless changed under Paragraph 12.6 of this

Decree.

3.30

“Waters” means inland Lakes and Streams.

IV. RECOGNITION OF TREATY RIGHTS

For the purpose of resolving the dispute as to the continued existence of the Tribes'

Article 13 Rights, this Decree recognizes the existence of, and defines the extent of, the Tribes’

Inland Article 13 Rights on the following lands and Waters within the boundaries of the 1836

Ceded Territory:

(a)

Public lands and Waters (including, but not limited to, federal and State

lands, which currently comprise, approximately, over 4,500,000 acres in the 1836 Ceded

Territory);

(b)

Private lands and Waters that are required to be open to the public under

federal or State law, such as lands enrolled in the State’s Commercial Forest Act (“CFA”)

program (lands and waters that are open to the public under the Michigan Recreational Trespass

Act because they are not fenced or posted in accordance with that Act are not required to be open

under State law and are therefore not within this category of lands and Waters);

(c)

Lands and Waters owned by a Tribe, a Tribal member, or the spouse of a

Tribal member;

(d)

Other private lands and Waters, including lands that are open to the public

under the Michigan Recreational Trespass Act, which are not enrolled in the CFA program or

another program pursuant to which they are required to be open to the public under federal or

State law; and

(e)

All other Waters that are open to the public for Fishing under federal or

state law, including such Waters open to the public that are accessible through public rights-ofway and public road crossings or otherwise accessible to Tribal members by permission granted

by the landowner or authorized lessee.

V. REGULATION OF TREATY RIGHTS

Each of the Tribes has the right to regulate its members’ exercise of Inland Article 13

Rights, the extent of which is defined in this Decree. The State is prohibited from regulating or

otherwise interfering with the exercise of such rights except as provided in this Decree. The

State is also prohibited from prosecuting Tribal members for alleged Hunting and Fishing

violations that preceded entry of this Decree, provided that the State may refer such alleged

violations to the appropriate Tribe for prosecution under Tribal law.

VI. DEFINITION OF THE EXTENT OF INLAND ARTICLE 13 RIGHTS

6.1

This Decree defines the extent of the Tribes’ Inland Article 13 Rights and

imposes certain limitations on where, when, and how the Tribes may exercise those rights. The

provisions of this Decree apply only to Inland Article 13 Rights; they do not: limit or expand the

extent or exercise of the Tribes’ Article 13 rights in the Great Lakes; limit or expand any

provision of the 2000 Great Lakes Consent Decree; limit or expand any right (other than Inland

Article 13 Rights) that a Tribe may have to authorize or engage in any activity on Tribal or trust

land; or limit or expand the right of the Tribes or their members to undertake any other activity

pursuant to any other applicable law. The extent of the Tribes’ Inland Article 13 Rights and the

limitations on the exercise of those rights are set forth in this Decree.

6.2

Except as otherwise specifically provided below, the extent of the Tribes’ Inland

Article 13 Rights is defined as follows:

(a)

Tribal members: (i) may Hunt, Fish, Trap, and Gather natural resources,

without limitation as to the species (including non-native and artificially propagated species)

targeted for harvest, the season or method of harvest, or the use of the resource harvested; (ii)

may engage in other historically traditional activities (such as the construction and use of sweat

lodges); and (iii) may obtain assistance from non-Tribal members to engage in the foregoing

activities, as provided in Appendix C, which is attached hereto and made a part hereof; and

(b)

Each of the Tribes may regulate the foregoing treaty-right activities of its

members and enforce regulations pertaining to such activities. The Tribes may also engage in

natural resources assessment, enhancement, and restoration activities as provided in Section

XXI (Assessment Activities) and Section XXII (Restoration, Reclamation, and Enhancement

Projects).

VII. LANDS AND WATERS ON WHICH TRIBAL MEMBERS

MAY EXERCISE INLAND ARTICLE 13 RIGHTS

Except as otherwise provided below, Tribal members may exercise Inland Article 13

Rights, to the extent defined in Paragraph 6.2, on the following lands and Waters within the

boundaries of the 1836 Ceded Territory, as depicted in Appendix A, provided that the Tribes

shall not exercise Inland Article 13 Rights in disputed areas lying generally between the Ford

and Escanaba Rivers in the Upper Peninsula or on the Thunder Bay Peninsula in Alpena County

unless and until the dispute as to such areas is resolved by mutual agreement of the Parties or

Court order:

(a)

Public lands and Waters that are open to the public under federal or State

law for the particular activity (e.g., Hunting, Fishing, Trapping or Gathering), notwithstanding

any species, season, method or use limitations in federal or State law, provided that in State,

county and municipal parks, State wildlife refuges, formally designated State wildlife research

areas, and formally designated State fisheries research areas, Tribal regulations shall only permit

Hunting and Fishing in such areas where and at such times when the parks, refuges, and research

areas are open to the public for Hunting and Fishing, and shall be no less restrictive than other

State regulations limiting Hunting and Fishing in such areas, and provided further that such

limitations shall not apply to a new or expanded park, wildlife refuge or wildlife or fisheries

research area if the creation or expansion of the area was intended to limit treaty harvesting

opportunities, and provided further that the State shall consult with the Tribes before creating a

new or expanding an existing State park, wildlife refuge, wildlife research area or fisheries

research area and shall attempt to avoid or minimize any adverse impact on the exercise of the

Tribes’ rights under this Decree as a result of such designation or expansion;

(b)

Private lands and Waters that are required to be open to the public under

federal or state law for the particular activity, such as Hunting and Fishing (but not Gathering) on

lands enrolled in the State’s CFA program, notwithstanding any species, season, method or use

limitations in federal or state law, provided that, in the interests of social harmony, the Tribes or

their members shall obtain permission from a CFA landowner in order to Hunt or Fish on his or

her CFA lands outside State seasons and methods if the CFA landowner owns, in the aggregate,

less than 1,000 acres in the CFA program, and provided further that generally applicable

provisions of State law regarding the liability of CFA landowners arising from the activities of

hunters or fishers on CFA lands, and generally applicable provisions of the CFA program

allowing CFA landowners to limit access to CFA lands subject to active timber harvesting

operations shall apply to Hunting and Fishing by Tribal members on CFA lands, and provided

further that nothing herein shall be construed to authorize the use of snowmobiles, all-terrain

vehicles, or other motor vehicles on CFA lands if such use is otherwise prohibited under

applicable law;

(c)

Lands and Waters owned by a Tribe, a Tribal member or the spouse of a

Tribal member;

(d)

Other private lands and Waters owned by non-Tribal members, with

permission from the owner or authorized lessee, provided that, in the case of private Waters, i.e.,

a non-navigable Lake with no public access or a non-navigable stream segment on a parcel or

parcels of private property, the grant of permission by a riparian owner does not violate the

Michigan common law rights of any other riparian owners, and provided further that, except for

special needs subsistence or ceremonial permits, which shall be limited in number, the Tribes

shall restrict Hunting and Trapping on such lands and Waters in a manner consistent with State

seasons and methods, and provided further that, during State seasons, permission shall be

implied on lands and Waters open to the public for Hunting and Fishing under the Michigan

Recreational Trespass Act, Mich. Comp. Laws, § 324.73101 et seq., as now in force or hereafter

amended, and provided further that, when permission is not implied, the Tribes shall require

their members to possess written evidence of permission from the landowner or authorized

lessee, or the name and phone number of the landowner or authorized lessee from whom they

obtained permission, while Hunting on such lands; and

(e)

All other Waters that are open to the public for Fishing under federal or

State law notwithstanding any species, season, method or use limitations in federal or State law,

including such Waters open to the public that are accessible through public rights-of-way and

public road crossings or otherwise accessible to Tribal members by permission granted by the

landowner or authorized lessee, but only for purposes of Fishing in such Waters, provided that

Tribal members exercising Fishing rights within the scope of subparagraph (a) of Paragraph 6.2

of this Decree shall not place Impoundment Nets on privately owned bottom lands if doing so is

in violation of the Michigan common law riparian rights of the private bottom land owner.

Nothing herein shall be construed as recognizing a right to Fish on private Waters not open to the

public except those owned by a Tribe, a Tribal member or the spouse of a Tribal member or on

which permission is obtained from a riparian owner as provided in subparagraph (d) of this

Section VII (Lands and Waters on Which Tribal Members May Exercise Article 13 Rights).

VIII. COMMERCIAL HARVESTS

The Tribes shall not authorize their members to harvest for commercial purposes or sell

wildlife, fish or other aquatic species, amphibians, reptiles, or timber, except for those species,

other than timber, for which the State authorizes inland commercial harvests. Notwithstanding

the foregoing, the Tribes may authorize their members: to commercially harvest fish that the

State is targeting for eradication or reduction from a particular water body, and which the State

does not intend to use for other fisheries management purposes, pursuant to clause (a) of

Paragraph 11.2 of this Decree, provided that there is a mutually agreeable mechanism to assure

that the harvested fish are from that particular water body; to engage in informal trade and barter

within Tribal communities of any species lawfully harvested under Tribal regulations, provided

that nothing herein shall authorize the re-sale of any fish or wildlife subject to such trade or

barter; to commercially harvest furbearers and to sell furs; to Gather plants and the products

thereof, such as wild berries, mushrooms, nuts and fruits, for sale or for use in producing salable

commodities, such as maple syrup, subject to the restrictions set forth in Section XX (Use of

State Lands) regarding State lands; and to use the parts of harvested animals and plants for the

manufacture of handicrafts and to sell such handicrafts. Except as otherwise provided in this

section, the Tribes shall not authorize their members to sell parts of harvested animals contrary to

State and federal laws and regulations.

IX. SALE OR TRADE OF LIVE ANIMALS

The Tribes shall not authorize their members to engage in the sale or trade of live wild

animals except in accordance with federal or State law.

X. RESTRICTIONS ON HUNTING AND FISHING AT PARTICULAR LOCATIONS

10.1

The Tribes shall prohibit their members from Hunting with firearms and bows

within 150 yards of an occupied building, house, cabin, or any barn or other building used in a

farm operation, except with the consent of the owner or authorized lessee.

10.2

The Tribes shall limit their members’ use of firearms to shotguns in that part of

the 1836 Ceded Territory that lies within the shotgun zone designated by the State as of October

2006 (as set forth in Appendix D, which is attached hereto and made a part hereof), as long as

the State imposes such a limitation on non-Tribal members. The Tribes shall consider whether to

limit their members’ use of firearms to shotguns in additional parts of the 1836 Ceded Territory

that the State may designate as shotgun zones in the future, in light of the State’s purpose for

such designations and the effect of the limitation on Tribal members’ treaty Hunting

opportunities.

10.3

The Tribes shall adopt regulations that are no less restrictive than State

regulations prohibiting Fishing within 300 feet of any of the State’s salmon and steelhead egg

collection weirs to the extent such regulations apply to Waters and shall prohibit Fishing for

Coho salmon within 300 feet of the lower weir on the Platte River as long as the State prohibits

harvests of Coho salmon in such Waters. If the State adopts an emergency regulation prohibiting

harvests of Coho salmon in other portions of the Platte River below the upper State-owned

hatchery weir, in order to ensure adequate egg collections at that weir in a particular year, the

Tribes shall adopt a parallel prohibition, which shall remain in effect during that year, but only

until the State rescinds its prohibition or until sufficient egg collection is assured for that year,

whichever occurs first. Except as otherwise agreed between the State and the Tribes, the Tribes

shall prohibit the spearing of Atlantic salmon in the Torch Lake watershed. The Tribes shall also

adopt regulations that: (a) are no less restrictive than State regulations prohibiting Fishing in

Rock River (Alger County) between Rock River Dam and the foot bridge downstream from M28; (b) except as otherwise provided under subparagraph (i) of Paragraph 11.7 of this Decree,

prohibit the use of Spears and Bows to harvest steelhead in the Little Manistee River from the

mouth of the Little Manistee River at its confluence with Manistee Lake upstream to 300 feet

downstream from the Little Manistee River Weir; (c) prohibit the take or possession of northern

pike in Potagannising River (Chippewa County) below the Potagannising Dam downstream to

Maxton Road from April 15 to May 15; and (d) are no less restrictive than State regulations

prohibiting Fishing within 100 feet of electrical lamprey control devices while in operation and

the lamprey control barrier on the Betsie River. The Tribes may authorize their members to

harvest Chinook salmon in the Little Manistee River from the mouth of the Little Manistee River

at its confluence with Manistee Lake upstream to 300 feet downstream from the Little Manistee

River Weir in accordance with subparagraphs (a) through (e) of this Paragraph 10.3.

(a)

Any permits that are issued for the harvest of Chinook salmon in the

portions of the Little Manistee River described above shall include bag and possession limits.

(b)

Each year, the total harvest limit for Chinook salmon for Tribal fishers

using Spears, Bows, dip nets or hands in the portions of the Little Manistee River described

above shall be 10% of the lower 95% confidence limit for the average number of Chinook

salmon returning to the Little Manistee River Weir in the previous four years. The Tribes shall

only permit their members to use such gear from September 1 through November 14. During

this period, the Tribes shall limit their members’ harvest of Chinook salmon using such gear in

the portions of the Little Manistee River described above in each consecutive 7-day period to:

15% or less of the total harvest limit for the season in each of the first three 7-day periods; 20%

or less of the total harvest limit for the season in the fourth 7-day period; and 30% or less of the

total harvest limit for the season in each of the remaining 7-day periods. If the State meets its

egg-take quota for the year, the State shall immediately notify the Tribes that the total harvest

limit for the season and the 7-day harvest limits may be rescinded for the current year.

(c)

The Tribes shall prohibit Fishing using Hook-and-Line Gear from

September 6 through October 15, or Spears at any time, in the southern end of Manistee Lake in

the vicinity of the Little Manistee River at its confluence with Manistee Lake. The closed area is

defined by a line extending from a squared red post located 100 feet southeast of the launch ramp

at the MDNR Public Access Site on the east shore, extending southwesterly to a squared red post

on the west shore located near the southern end of the Packaging Corporation of America’s plant.

If the State meets its egg-take quota for the year, the State shall immediately notify the Tribes

that the Fishing closure may be rescinded for the current year.

(d)

In order to provide sufficient egg-take to assure future statewide fish runs

and to provide adequate harvest levels for all users over the long-term, the State and the Tribes

shall confer in a timely manner about appropriate adjustments to State and Tribal harvests in

Waters in which fish destined for the State’s egg-collection facilities are harvested if the State

has concerns about securing adequate egg collection for Chinook salmon. In the event that the

State demonstrates that adequate egg collection is threatened in a particular year, the Tribes shall

prohibit harvest of Chinook salmon by their members in the portions of the Little Manistee River

described above until such time as sufficient egg collection is assured for that year, as long as the

State also prohibits the harvest of Chinook salmon by State-licensed fishers in that portion of the

Little Manistee River during that period of time.

(e)

The State and the interested Tribes shall review the appropriateness of the

harvest estimation methodology, harvest limits, and weekly harvest distributions described in

subparagraph (b) of this Paragraph 10.3 every 5 years to determine the adequacy of harvest

opportunities for Tribal needs and the impact on egg collection, and make appropriate

adjustments.

(f)

The limitations on Tribal harvests in this Paragraph 10.3 shall be operative

only to the extent the State imposes similar or more restrictive limits on State-licensed fishers.

10.4

The Tribes shall adopt regulations that are no less restrictive than State

regulations for Fishing on trout Streams designated as Types 5, 6 or 7 as of October 2006 (as set

forth in Appendix E, which is attached hereto and made a part hereof), as long as the State

maintains the same or more restrictive regulations for non-Tribal members. The State shall

consult with the Tribes prior to designating additional miles under its authorization to designate

up to 212 miles of trout Streams as Types 5, 6 or 7. The Tribes shall consider adopting

regulations that are no less restrictive than State regulations for Fishing on additional trout

Streams designated as Types 5, 6 or 7 on a case-by-case basis (up to a total of 212 designated

miles statewide) in light of the State’s purpose for such designations and the effect of such

regulations on Tribal members’ treaty Fishing opportunities. In the event that the current

designation of Types 5, 6, or 7 is changed in name only, this provision shall be applicable to the

successor designation.

10.5

The Tribes shall prohibit the use of Spears to take fish on Lakes designated by the

State as Type D as of October 2006 (as set forth in Appendix F, which is attached hereto and

made a part hereof), and shall adopt hook-and-line regulations on such Lakes that are no less

restrictive than State regulations for such Lakes, as long as these are trout-only Lakes and the

State imposes such prohibitions and regulations on non-Tribal members. The State shall consult

with the Tribes prior to designating additional Type D Lakes. The Tribes shall consider adopting

regulations that are no less restrictive than State regulations for Fishing on additional Type D

lakes in light of the State’s purpose for such designations and the effect of such regulations on

Tribal members’ treaty Fishing opportunities. In the event that the current designation of Type D

Lakes is changed in name only, this provision shall be applicable to the successor designation.

10.6

The Tribes shall prohibit or restrict spearing of northern pike and muskellunge in

a manner that is no less restrictive than 2006 State spearing restrictions with respect to these two

species as set forth in Note 8 to Table 2 of the 2006 Michigan Fishing Guide (at p. 10) (as set

forth in Appendix G, which is attached hereto and made a part hereof), as long as the State

imposes similar or more restrictive limitations on non-Tribal members. The State shall consult

with the Tribes prior to adopting additional restrictions on spearing of northern pike or

muskellunge. The Tribes shall consider adopting regulations that are no less restrictive than such

additional State regulations on a case-by-case basis in light of the State’s purpose for such

regulations and the effect of such regulations on Tribal members’ treaty Fishing opportunities.

10.7

The Tribes shall adopt regulations that are no less restrictive than State Fishing

regulations existing as of October 2006 (as set forth in Appendix H, which is attached hereto and

made a part hereof) on the following designated quality Lakes: in Crawford County, Jones and

Wakeley Lakes, and in Montmorency County, North and South Blue Lakes and Robarge (Pike)

Lake, as long as the State imposes similar or more restrictive regulations on non-Tribal members.

The Tribes shall consider adopting regulations that are no less restrictive than State regulations

for Fishing on quality Lakes that may be designated in the future on a case-by-case basis in light

of the State’s purpose for such designations and the effect of such regulations on Tribal

members’ treaty Fishing opportunities.

10.8

The Tribes shall implement emergency closures of their members’ harvesting

activities that are no less restrictive than State emergency closures of harvesting activities by

State licensees based on biological or public health or safety concerns. In order to implement

this provision, the State shall provide notice to the Tribes as soon as practicable when such

concerns arise and shall consult with the Tribes regarding the need for such closures. In the

event that the Tribes enact emergency closures of their members’ harvesting activities based on

biological or public health or safety concerns, the Tribes shall notify the State as soon as

practicable when such concerns arise and shall consult with the State regarding the need for

closures of harvesting activities by State licensees. In the event the Parties disagree about the

need for an emergency closure, they shall jointly commit to expedited dispute resolution. A

Tribe objecting to the emergency closure shall have the burden to show that it is not necessary to

close its members’ harvesting activities to address the biological or public health or safety

concerns identified by the State. As used in this Decree, “public health or safety concerns” do

not include concerns arising from social or political opposition to the exercise of Indian treaty

rights.

10.9

Except as otherwise provided in this Paragraph 10.9, Tribal seasons shall be no

less restrictive than State seasons for Hook-and-Line Gear Fishing for walleye in Streams

tributary to the bays de Noc. The Tribes may authorize Hook-and-Line Gear Fishing and

spearing for walleye between March 15 and May 15 on the Sturgeon River, a tributary to Big

Bay de Noc in Delta County, the Escanaba River, a tributary to Little Bay de Noc in Delta

County, the Days River, a tributary to Little Bay de Noc in Delta County, and the Rapid River, a

tributary to Little Bay de Noc in Delta County. The Tribes that authorize Hook-and-Line Gear

Fishing outside State seasons and spearing for walleye on these tributaries shall establish a

permit system for such Fishing, which shall include the following provisions:

(a)

The Tribal annual harvest of walleye using Hook-and-Line Gear outside

State seasons and Spears under this Paragraph 10.9 shall not exceed 2,500 fish, except as

provided in subparagraph (g) of this Paragraph.

(b)

Tribal regulations for Hook-and-Line Gear Fishing outside State seasons

and spearing for walleye under this Paragraph 10.9 shall include a field possession limit not to

exceed twice the bag limit or 10 fish, whichever is less, a minimum size limit of at least 14

inches, and a daily bag limit not to exceed 10 fish. Tribal regulations shall require that walleye

under the minimum size that are speared under this Paragraph must be retained as part of the

daily bag limit without penalty to the fisher.

(c)

The total number of permits issued for Hook-and-Line Gear Fishing

outside State seasons and spearing for walleye under this Paragraph 10.9 shall be distributed

among the four tributaries open to such Fishing such that no more than 20% of the total permits

issued shall be available for the Sturgeon River. In order to avoid concentration of harvest, the

Tribes shall make reasonable efforts to distribute the harvest among the remaining tributaries

open to Hook-and-Line Gear Fishing outside State seasons and spearing by Tribal members.

(d)

The permits required under this Paragraph 10.9 shall be limited to Hook-

and-Line Gear Fishing or spearing (but not both), shall include the name of the Tribal member,

the date on which the permit is effective, the tributary for which the permit is issued, and the

authorized method of harvest. The Tribes shall require their members to have a permit in

possession when Fishing under the provisions of this Paragraph. The Tribes shall not issue more

than one such permit to any member for any day under this Paragraph.

(e)

The Tribes shall provide notice to the State before any use of Hook-and-

Line Gear outside State seasons or any use of Spears may take place under this Paragraph 10.9,

in accordance with a protocol adopted by the Parties under Paragraph 23.2 of this Decree. The

notice provided to the State shall identify the body of water, the number of fishers, and the date

on which Hook-and-Line Gear or Spears will be used, and shall be provided at least seven hours

(and before 1:00 pm of the same day) before the use of Hook-and-Line Gear or Spears. The

State and the Tribes shall share information on Waters where the use of Spears is permitted in

accordance with a protocol adopted by the Parties under Paragraph 23.2 of this Decree.

(f)

The Tribes shall require their members to submit harvest reports for the

use of Hook-and-Line Gear outside State seasons or spearing of walleye under this Paragraph

10.9 within seven days after the harvest. The harvest reports shall indicate the date of harvest,

the tributary where the harvest took place, and the number of walleye harvested. Final reports

detailing the walleye harvest under this Paragraph 10.9 that include the information identified in

this sub-paragraph shall be submitted to the State no later than June 30.

(g)

Except for the Whitefish River, a tributary to Little Bay de Noc in Delta

County, the Tacoosh River, a tributary to Little Bay de Noc in Delta County, and the four

tributaries identified as open for Tribal Hook-and-Line Gear Fishing outside State seasons or

spearing for walleye under this Paragraph 10.9, if a future estimate of abundance of adult

walleye in any other tributary to the bays de Noc suggests that Tribal members may harvest

walleye using Hook-and-Line Gear outside State seasons or Spears on such tributary, the State

and the Tribes may mutually agree to such harvest, provided that it shall not exceed 5% of the

estimated abundance of adult walleye in that particular tributary.

(h)

The State and the Tribes agree to review, consult on, and as appropriate

modify by mutual agreement, the provisions of this Paragraph 10.9 every 15 years, taking into

consideration walleye abundance in the tributaries to the bays de Noc, the adequacy of Tribal

harvest opportunities, and other relevant factors.

10.10 In applying the walleye protocol described in Section XII (The Use of Specially

Regulated Fishing Methods in Inland Lakes and Their Tributaries), the Muskegon River and its

tributaries between the Croton Dam and Muskegon Lake shall be considered part of the

Muskegon Lake system. In determining maximum allowable exploitation rates and harvest

levels for the Muskegon Lake system, the State and the Tribes shall allow sufficient escapement

for walleye population rehabilitation and egg collection.

The Tribes shall regulate their

members’ harvest of walleye in a manner that ensures that no more than 50% of the Tribes’

allowable harvest in the Muskegon Lake system will be taken in the Muskegon River and its

tributaries between the Croton Dam and Muskegon Lake.

10.11 As long as the State imposes similar or more restrictive limitations on Statelicensed fishers, the Tribes shall prohibit their members’ possession of brook and brown trout in

Streams designated Types 1, 2 or 4 as of October 2006 (as set forth in Appendix I, which is

attached hereto and made a part hereof): (a) from October 15 through November 30 in the Lower

Peninsula; and (b) from October 1 through November 15 in the Upper Peninsula.

XI. GEAR AND METHODS OF TAKE

11.1

The Tribes shall: prohibit their members from Hunting with artificial lights,

except when Hunting for species for which the State permits the use of artificial lights, such as

coyote and raccoon; prohibit the use of toxins, live decoys, pitfalls, explosives, fully automatic

firearms, and exploding bullets; and prohibit Hunting from aircraft, snowmobiles, motorized

vehicles, and motorized vessels under power, provided that the Tribes may permit Hunting from

standing motorized vehicles by Handicapped Hunters. The Tribes shall prohibit the molestation

or breaking open of the house, hole, nest, burrow, or den of a badger, beaver, mink, muskrat, or

raccoon, whether occupied or not. The Tribes shall also prohibit the setting of a trap on a beaver

dam or lodge unless the trap is fully submerged below the water. The Tribes shall impose the

prohibitions in this Paragraph 11.1 as long as the State imposes similar or more restrictive

limitations on State-licensed hunters.

11.2

The Tribes shall prohibit their members from using gill nets or Impoundment Nets

except that: (a) the Tribes may authorize the use of Impoundment Nets to harvest fish species

that the State is targeting for eradication or reduction from a particular water body and may use

gill nets to harvest such species if the State is targeting all fish species for eradication from a

particular water body; (b) the Tribes may authorize the use of Impoundment Nets in inland Lakes

in accordance with Section XII (The Use of Specially Regulated Fishing Methods in Inland

Lakes and Their Tributaries); and (c) the Tribes may authorize the use of gill nets or

Impoundment Nets in authorized assessment activities under Section XXI (Assessment

Activities), provided that under the foregoing exceptions to the prohibition of the use of gill nets

and Impoundment Nets, gill nets and Impoundment Nets shall only be in the water during the

authorized duration of the activities in question. Nothing in this provision shall require the

Tribes to prohibit the use of seines, Hand Nets, or dip nets, provided that the Tribes’

authorization of the use of such gear shall be subject to other applicable provisions in this

Decree. The Tribes shall impose the prohibitions required in this Paragraph 11.2 as long as the

State imposes similar or more restrictive prohibitions on State-licensed fishers.

11.3

The Tribes shall regulate their members’ Fishing activities through the use of

daily bag limits, possession limits, size limits and seasons, as well as any additional measures

that may be necessary to address biological concerns. Except when engaged in spearing through

the ice, the Tribes shall require their members to submit harvest reports for trout, salmon,

walleye, northern pike, or muskellunge within seven days after the harvest when spearing, Bow

Fishing, impoundment netting, seining, Fishing with hands, trot line Fishing or dip netting. The

Tribes shall require that the harvest reports indicate the date of harvest, body of water where the

harvest took place, and the number of fish harvested by species. Information on lengths and

weights, and, if possible, sex of fish harvested by Tribal members shall be obtained by Tribal

biological staff through sub-sampling of the harvest as appropriate, taking into consideration the

need for such information and the costs of such sub-sampling, after consultation with the State

through an annual review process.

11.4

Except in Streams, the Tribes may authorize the use of seines (but not purse

seines), provided that Tribal regulations shall: (a) be no less restrictive than State regulations for

harvesting minnows or other bait fish with the use of seines as of October 2006 (as set forth in

Appendix J, which is attached hereto and made a part hereof); (b) include a two-gallon bag limit

for harvesting smelt with the use of seines if the State adopts a two-gallon bag limit or less for

the harvest of smelt under State regulations; (c) be consistent with applicable provisions of

Section XII (The Use of Specially Regulated Fishing Methods in Inland Lakes and Their

Tributaries) for harvesting of other species; (d) limit seines to a maximum dimension of 30 feet

by 4 feet; and (e) establish a maximum stretch mesh size of one and one-half (1.5) inches for

Long Seines constructed of monofilament materials. The limitations on the use of seines in this

Paragraph 11.4 shall be operative only to the extent the State imposes similar or more restrictive

limits on State-licensed fishers, provided that the Tribes may issue a limited number of special

ceremonial permits for the use of seines in Streams between December 1 and March 31, subject

to the other provisions of this Paragraph.

11.5

As long as the State imposes similar or more restrictive limits on State-licensed

fishers, the Tribes shall: (a) prohibit the use of more than four Fishing lines during open water

Fishing conditions and the use of more than seven lines when ice Fishing; (b) require that tip-ups

be identified by name; and (c) prohibit unattended tip-ups.

11.6

Except as provided in Paragraph 10.3, the Tribes may authorize the spearing of

salmon, provided that Tribal regulations shall include a daily bag limit and a possession limit for

spearing.

11.7

The Tribes may authorize spearing of steelhead, provided that Tribal regulations

shall include a daily bag limit and a possession limit for spearing. The Tribes may open all

Streams and Stream segments to their members for the spearing of steelhead, provided that

Tribal regulations governing spearing for steelhead in Protected Streams shall be subject to the

provisions of the protocol described in subparagraph (b) of this Paragraph 11.7 and the initial

protections for adult steelhead identified in subparagraphs (c) through (e) of this Paragraph,

subject to any modification of those provisions under subparagraph (i) of this Paragraph. As

used in this Paragraph, the term “Protected Streams” refers to the Streams and Stream segments

identified in subparagraph (c)(i) and (c)(ii) of this Paragraph, subject to any modification in such

Streams or Stream segments under subparagraph (i) of this Paragraph.

(a)

The State desires to achieve self-sustaining steelhead populations through

natural reproduction. In order to achieve this goal, the State provides protection for natural

reproduction of steelhead by closing Types I and II Streams to harvest from October 1 through

the last Saturday in April and by closing certain stream segments during the steelhead spawning

season. These closures are a recognition of the fact that optimal habitat for juvenile steelhead is

provided in Streams that have intrinsic habitat characteristics, which include a significant

contribution of groundwater and favorable temperature conditions for juvenile survival and

growth. The State believes that, in Michigan, the number of highly productive Streams or

Stream segments with optimal habitat is limited and must be protected in order to provide wild

fish for future generations.

(b)

The State and the Tribes shall provide protections for steelhead that spawn

in Streams or Stream segments in each watershed where juvenile steelhead are most likely to

become smolts and thus provide recruits to future steelhead populations. In order to identify

Streams of high production potential for steelhead smolts and to protect steelhead that spawn in

such Streams, the Tribes and State agree to use and to continue the development of a protocol

that includes: (a) a predictive model of the abundance of age-1 juveniles and thus future smolts

as a scoping guide; (b) empirical information from field surveys and stream temperature

information; (c) the protection of adult steelhead that spawn in these Streams; (d) realistic goals

for natural production of steelhead consistent with the management objectives of the Lake

Committees for lakes Michigan, Huron, and Superior; and (e) any other relevant scientific

information related to steelhead. The State and the Tribes shall provide for periodic peer review

of the model(s) and data being used pursuant to the protocol described in this subparagraph to

ensure that the model(s) and data are scientifically valid. The initial protections to be provided

by the State and the Tribes under the protocol are those described in subparagraphs (a) and (c)

through (e) of this Paragraph.

(c)

Based on the protocol described in subparagraph (b) of this Paragraph

11.7, the State has identified the following locations, initially, as potentially highly valuable

Streams for producing and maximizing survival to smolting of juvenile steelhead.

Unless

otherwise noted, stream segments under protection begin at the downstream confluence of the

watershed with the Lake to which the watershed is a tributary.

(i)

Within the following four Upper Peninsula groups of stream

segments, the Tribes shall prohibit spearing of steelhead except from April 1 to April 15 and

shall prohibit harvest of steelhead by all other methods from April 1 to the last Saturday of April

(except for such methods with which, and at such times at which, the State permits steelhead

harvests by State-licensed fishers):

Black River mainstem and tributaries upstream of the

confluence of Peters Creek (Mackinac County, Lake Michigan Basin);

North Branch of the Pine River and its tributaries upstream

of the Highway 40 bridge and mainstem of the Pine River and its tributaries upstream of the

confluence with the North Branch of the Pine River (Mackinac and Chippewa counties, Lake

Huron Basin);

North Branch of Carp River and its tributaries, and South

Branch of Carp River and its tributaries (Mackinac County, Lake Huron Basin); and

Sucker River mainstem and its tributaries upstream of

Seney Road Bridge (Alger County, Lake Superior Basin);

(ii)

Within the following 11 Lower Peninsula groups of stream

segments, the Tribes shall prohibit spearing of steelhead except from April 1 to April 15 and

shall prohibit harvest of steelhead by all other methods from March 15 to the last Saturday of

April (except for such methods with which, and at such times at which, the State permits

steelhead harvests by State-licensed fishers):

Cedar Creek and its tributaries upstream from River Road

and Bigelow Creek and its tributaries in the Muskegon River watershed (Lake Michigan Basin,

Muskegon and Newaygo counties);

Skeel Creek and its tributaries and North Branch of the

White River above Arthur Road in the White River watershed (Lake Michigan Basin, Oceana

and Muskegon counties);

Baldwin River and its tributaries and all tributaries

upstream of M-37 in the Pere Marquette watershed (Lake Michigan Basin, Lake and Newaygo

counties);

Little Manistee River mainstem from Spencer’s Bridge

upstream, including all tributaries (Lake Michigan Basin, Lake County);

Above County Road 600, Bear Creek mainstem and

tributaries in the Manistee River watershed (Lake Michigan Basin, Manistee County);

Dair Creek and its tributaries and Little Betsie River and its

tributaries in the Betsie River watershed (Lake Michigan Basin, Benzie and Manistee counties);

The mainstem of the Platte River from the upper State-

owned hatchery weir downstream to Platte Lake (Lake Michigan Basin, Benzie County),

provided that this stream segment shall be considered a Protected Stream only if the State

permits passage of steelhead past the upper State-owned hatchery weir;

The mainstem Jordan River and all tributaries above

Graves Crossing (Lake Michigan Basin, Antrim County);

Little Ocqueoc River and its tributaries and Silver Creek

and its tributaries in the Ocqueoc River watershed (Lake Huron Basin, Presque Isle County);

10.

The mainstem Pigeon River and its tributaries upstream of

Webb Road (Mullett Lake, Lake Huron Basin, Otsego County); and

11.

The mainstem Sturgeon River upstream of Afton Rd (a.k.a.

Webb Road or Wolverine Road near Wolverine) and the West Branch of the Sturgeon River and

its tributaries (Burt Lake, Cheboygan and Otsego counties).

(d)

Except as modified under subparagraph (i) of this Paragraph 11.7, the

Tribal annual harvest of steelhead using Spears in Protected Streams shall not exceed 450 fish.

Tribal regulations for the spearing of steelhead in such stream segments shall include a daily

field possession limit not to exceed twice the daily bag limit, a minimum size limit of at least 16

inches, and a daily bag limit not to exceed three fish. Tribal regulations shall require that

steelhead under the minimum size limit that are speared in such stream segments must be

retained as part of the daily bag limit without penalty to the fisher.

(e)

Except as modified under subparagraph (i) of this Paragraph 11.7, the total

number of permits issued for spearing of steelhead in Protected Streams shall be distributed

among the groups of Protected Streams in a manner that ensures that no more than 30 steelhead

will be available for harvest from any one of the identified groups of Protected Streams. In order

to avoid concentration of harvest, reasonable efforts should be made to evenly distribute the

available permits among the stream segments within each of the identified groups of stream

segments.

(f)

The permits required for Protected Streams shall include the name of the

Tribal member, the date on which the permit is effective, and the stream segment(s) for which

the permit is issued. The Tribes shall require their members to have a permit in possession when

spearing for steelhead in such stream segments. The Tribes shall not issue more than one such

permit to any member for any day in such stream segments, and shall limit each permit to stream

segment(s) within a particular group of Protected Streams.

(g)

The Tribes shall provide notice to the State before any use of spears to

harvest steelhead may take place in Protected Streams, in accordance with a protocol adopted by

the Parties under Paragraph 23.2 of this Decree. The notice provided to the State shall identify

the body of water, the number of fishers, and the date on which spears will be used to harvest

steelhead, and shall be provided at least seven hours (and before 1:00 pm of the same day) before

the use of spears. The State and the Tribes shall share information on Waters where the use of

spears to harvest steelhead is permitted in accordance with a protocol adopted by the Parties

under Paragraph 23.2 of this Decree.

(h)

Unless the State and the Tribes mutually agree otherwise, the Tribes shall

require their members to submit harvest reports for spearing of steelhead in accordance with

Paragraph 11.3 of this Decree, including the particular stream segment on which each fish is

harvested. Information on lengths and weights, and, if possible, sex of steelhead harvested by

Tribal members in Protected Streams shall be obtained by Tribal biological staff through subsampling of the harvest as appropriate, taking into consideration the need for such information

and the costs of such sub-sampling, after consultation with the State through an annual review

process.

(i)

The State and the Tribes shall annually review, consult on, and as

appropriate modify by mutual agreement the protocol described in subparagraph (b) of this

Paragraph 11.7 and the specific provisions set forth in subparagraphs (a) and (c) through (e) of

this Paragraph, based upon the results of the periodic peer review as required in subparagraph (b)

of this Paragraph, additional information obtained through research or assessment by either the

Tribes or the State regarding smolt production and/or abundance of adults within any stream, the

effects of downstream (including Great Lakes) harvests or post-spawning harvests, or any other

relevant scientific information related to steelhead, provided that the Tribes shall not be required

to impose any additional restrictions on their members’ harvests of steelhead in the following

Streams in the Manistee River watershed: (1) Pine Creek and its tributaries and (2) below County

Road 600, Bear Creek and its tributaries, including Cedar and Beaver Creeks and their

tributaries, unless the State and the Tribes determine, by mutual agreement, that such restrictions

should be adopted in exchange for mutually agreeable Tribal opportunities to harvest steelhead

with Spears and Bows in the portion of the Little Manistee River described in Paragraph 10.3 of

this Decree.

11.8

The Tribes shall adopt the following standards applicable to Impoundment Nets

that may be used in inland Lake Systems.

(a)

The Tribes shall prohibit the use of monofilament material in any part of

an Impoundment Net.

(b)

The Tribes shall prescribe the following maximum dimensions for

Impoundment Nets:

(i) Pots shall not exceed eight feet in length by five feet in width

by six feet in height.

(ii) Leads shall not exceed 150 feet in length or six feet in height.

11.9

As long as the State imposes similar or more restrictive limitations on State-

licensed fishers, the Tribes shall close the following tributaries to Lake Superior to spearing: (a)

Chocolay River; (b) Mosquito River; (c) Big Two Hearted River; (d) Little Two Hearted River;

and (e) Anna River from its mouth upstream to the railroad crossing by Wagner Falls in Section

14, Township 46 North, Range 19 West.

11.10 The Tribes shall prohibit their members from snagging fish or retaining a fish not

hooked in the mouth while engaged in Hook-and-Line Gear Fishing.

XII. THE USE OF SPECIALLY REGULATED FISHING METHODS IN INLAND LAKES

AND THEIR TRIBUTARIES

12.1

The Tribes may authorize their members to use Specially Regulated Fishing

Methods in all Waters as provided in this Section XII, provided that the Tribes shall not

authorize their members to use Impoundment Nets or Long Seines in tributaries to inland Lakes

except where the use of such gear is permitted by State law or Paragraph 11.4 of this Decree.

Nothing in this Section XII shall restrict the Tribes’ authorization of their members’ use of Short

Seines.

12.2

Except as provided in Paragraph 12.7 of this Decree, the Tribes’ authorization of

their members’ use of Specially Regulated Fishing Methods in Walleye Lake Systems shall be

subject to the provisions of the protocol set forth in Appendix B1, which is attached hereto and

made a part hereof. The Tribes and the State shall manage their respective fisheries for walleye

in Walleye Lake Systems in accordance with the protocol set forth in Appendix B1.

12.3

The Tribes’ authorization of their members’ use of Impoundment Nets and Long

Seines in non-Walleye Lake Systems shall be subject to the provisions of the protocol set forth in

Appendix B2, which is attached hereto and made a part hereof.

12.4

The Tribes shall require all Impoundment Nets used by a Tribal member for

Fishing to be marked with at least two buoys, one attached to the end of the lead and the other

attached to the pot. In addition, if the nets have wings, the Tribes shall require additional buoys

to be attached to the end of each wing. The Tribes shall require the member’s Tribal affiliation

and identification number to be displayed on the buoys.

12.5

The Tribes shall provide notice to the State before any use of Spears in a Walleye

Lake System during the Walleye Spawning Season for that Lake System or any use of

Impoundment Nets may take place under a Tribal permit in accordance with the procedures set

forth in a protocol adopted by the Parties under Paragraph 23.2 of this Decree. The notice

provided to the State shall identify the body of water, the number of fishers, and the date(s) and

24-hour period(s) during which such gear may be used, and such notice shall be provided at least

seven hours (and before 1:00 pm of the same day), prior to the use of Spears and at least 24

hours prior to the use of Impoundment Nets. The State and the Tribes shall share information on

waters where the use of Spears or Impoundment Nets is permitted in accordance with a protocol

adopted by the Parties under Paragraph 23.2 of this Decree.

12.6

The Walleye Spawning Season for Walleye Lake Systems in the Lower Peninsula

or the Upper Peninsula may be changed by mutual agreement between the State and the Tribes.

12.7

The Tribes’ authorization of their members’ use of Spears, Bows, Hand Nets, or

Hook-and-Line Gear to harvest salmon, steelhead, or sturgeon in accordance with other

provisions of this Decree shall not be subject to any restrictions in this Section XII or in the

protocols set forth in Appendix B1 and Appendix B2.

The Tribes’ authorization of their

members’ use of Spears or Hook-and-Line Gear to harvest walleye in tributaries to the bays de

Noc in accordance with Paragraph 10.9 shall not be subject to any restrictions in this Section XII

or in the protocols set forth in Appendix B1 and Appendix B2.

XIII. DISEASE CONTROL

As long as the State enforces the following prohibitions, the Tribes shall prohibit their

members from: (a) using bait as a method of take in the Hunting of deer and elk where prohibited

by the State for the purpose of controlling disease; (b) importing live deer or elk into the State;

Wasting Disease has been documented (unless the carcass is boned out and carved up); or (d)

importing live turkeys, mute swans, skunks, or raccoons into the State. The Tribes shall also

adopt regulations that are no less restrictive than State regulations that restrict the movement of

ash products from emerald ash borer quarantine and eradication areas. In the event that fish or

wildlife resources are threatened by diseases in the future, the Parties shall work cooperatively to

take necessary measures to address the problem.

XIV. TAGGING AND REPORTING REQUIREMENTS

The Tribes shall impose tagging and reporting requirements for bobcat, otter, fisher and

marten, as long as the State imposes such requirements. The State shall cooperate with the

Tribes in insuring that the Tribes have sufficient CITES tags for species subject to the

Convention on International Trade in Endangered Species, as listed in 50 C.F.R. Part 23,

Appendices I, II, and III.

XV. DEER HUNTING

15.1. Except as provided below, the Tribes shall impose the following restrictions on

deer Hunting by their members as long as the State imposes similar or more restrictive limits on

State-licensed hunters: (a) deer Hunting shall be limited to the period commencing the day after

Labor Day and ending on the Sunday of the first full weekend in January (the “Tribal Deer

Hunting Season”); (b) deer Hunting with firearms shall be prohibited during the period

commencing on November 1 and ending on November 14; (c) each Tribal member shall be

limited to a bag limit of five deer, no more than two of which may be antlered deer (i.e., deer

with at least one antler of three inches or more), during the Tribal Deer Hunting Season as a

whole; and (d) each tribal member shall be limited to a firearm bag limit of two deer, no more

than one of which may be an antlered deer, during the period commencing the day after Labor

Day and ending on October 31. Notwithstanding the foregoing, the Bay Mills Indian Community

may annually establish a collective bag limit for the total number of deer that may be harvested

by Tribal members, which shall not exceed five times the number of Tribal members authorized

by the Tribe to harvest the species. Another Tribe may adopt a quota number applicable to all of

its licensed hunters in lieu of the foregoing bag limits, but only after further consultation with

and agreement of the State.

15.2 Notwithstanding the foregoing, the Tribes may issue a reasonably limited number

of special needs permits for subsistence deer Hunting and a reasonably limited number of special

ceremonial permits that authorize their members to harvest deer for ceremonies (including, by

way of example but not limitation, ghost suppers, weddings, or funerals) at any time. Deer

harvested pursuant to special ceremonial permits shall not count toward the bag limits set forth

above.

XVI. WILD TURKEY HUNTING

The Tribes may authorize a spring male only wild turkey season beginning no earlier than

April 15 and closing no later than June 15. For the fall either sex season, the Tribes may

authorize a beginning date of no earlier than October 1 and a closing date of no later than

November 14. The Tribes may authorize additional wild turkey harvest opportunities if the State

authorizes such additional opportunities for State-licensed hunters. In addition, the Tribes may

issue a reasonably limited number of special ceremonial permits that authorize their members to

harvest wild turkey for ceremonies (including, by way of example but not limitation, ghost

suppers, weddings, or funerals) at any time.

XVII. SPECIES IN NEED OF ALLOCATION

The Tribes shall limit their members’ harvests of certain species for which current

population levels necessitate an allocation of harvest opportunities, as provided in this Section

XVII.

17.1

Elk. The State currently limits the harvest of elk through the issuance of a limited

number of permits each year in designated elk management units. Each permit authorizes the

opportunity to harvest a single animal; some of the permits are for either sex and some are for

cows only. Except as otherwise provided below, the Tribes shall limit their members’ harvest of

elk in a given year to: (a ) the number of elk of either sex equal to 10% of the either-sex permits

issued by the State in such year; and (b ) the number of female elk equal to 10% of the number of

cows-only permits issued by the State in a year. Fractional numbers shall be rounded up to the

next whole number in applying this provision. If the State issues less than a total of 101 permits

but more than 50, then the Tribes shall limit their members’ harvest to a maximum of five elk of

either sex and five female elk. If the State issues less than a total of 51 permits, the Tribes shall

limit their members’ harvest to a maximum of five elk in the same ratio of either-sex and cowonly permits that are issued by the State. The Tribes shall adopt regulations that are no less

restrictive than State regulations governing the elk hunt, provided that the Tribes may allow

tribal members to Hunt elk for up to 15 days after the closure of the State's last elk season. The

Tribes may also transfer Tribal elk Hunting permits among Tribal members. The Tribes shall

consult with the State before issuing Tribal elk permits in order to ensure that the geographical

distribution of the permits is consistent with the State’s management objectives.

17.2

Bear. The State authorizes harvests of limited numbers of bears in designated

bear management units. The State and the Tribes shall consult regarding appropriate harvest

levels for each bear management unit that encompasses lands within the 1836 Ceded Territory

and make best efforts to achieve a consensus regarding such levels. The Tribes shall authorize

their members to take no more than 10% of the available harvest in each such unit, provided that,

if tribal members harvest 10% of the available harvest in any such unit in any year, the Tribes

may authorize their members to take up to 12 ½% of the available harvest in that unit in

subsequent years. The Tribes shall limit the harvest of bears to a season commencing no sooner

than the beginning of the State's bear season and ending no later than the last day of the State’s

bear season.

The Tribes may transfer Tribal bear permits among tribal members.

Notwithstanding any other provision in this Paragraph 17.2, each Tribe may permit the harvest of

up to two bears per year for ceremonial/medicinal purposes, which shall not count against the

harvest limits set forth above.

The Tribes may permit bears harvested for such

ceremonial/medicinal purposes to be harvested at any time (except that the Tribes shall not

permit bears to be harvested in dens or in the visible vicinity of a cub).

17.3

Lake Sturgeon. The State of Michigan has a State-approved Lake Sturgeon

Rehabilitation Strategy that outlines the status of lake sturgeon populations and recommends

management actions, and the Little River Band has a Tribally approved Nmé (Lake Sturgeon)

Stewardship Plan for the Manistee River that recommends management actions for reclamation

and restoration activities. The State and the Tribes shall discuss strategies for rehabilitating

sturgeon populations and, except as otherwise provided below, shall negotiate allocations of

sturgeon harvest when sturgeon recovery provides for such harvest, including an allocation of

sturgeon harvest in Black Lake when the sturgeon population, as determined by Tribal and State

biologists, includes 750 mature fish (i.e., 750 fish capable of breeding).

The Tribes may

authorize their members to harvest sturgeon in Otsego Lake as long as they impose a bag limit

that does not exceed the bag limit imposed by the State. If a harvestable sturgeon population is

developed in the Manistee River, the Tribes may authorize their members to take up to 50% of

the harvestable amount.

17.4

For any species subject to allocation under this Section XVII, or for any species

determined in the future to require allocation, each Tribe shall be entitled to one-fifth of the

Tribal allocation, provided that the Tribes shall develop mechanisms to share the available Tribal

harvest when a Tribe is unable to fully utilize its one-fifth share.

XVIII. MIGRATORY BIRDS

The Tribes shall regulate their members’ harvests of migratory birds in accordance with

the processes established for regulating Indian treaty harvests under the Migratory Bird Treaty

Act, 16 U.S.C. §§ 703-712, and its implementing regulations, as now in force or hereafter

amended.

XIX. THREATENED AND ENDANGERED SPECIES UNDER STATE LAW

The Tribes shall provide for the protection of species listed as threatened or endangered

under state law. This provision shall not prevent the Tribes from authorizing their members to

harvest threatened or endangered plants for personal use for medicinal, ceremonial, or

subsistence purposes.

XX. USE OF STATE LAND

20.1

Gathering. The Tribes may authorize their members to Gather plant materials

and other natural resources on State lands for personal, medicinal, cultural, or traditional craft

use, provided that such natural resources Gathered on State lands shall not be used for

commercial purposes except as specifically provided in this Paragraph 20.1, and provided further

that nothing herein shall authorize the excavation or mining of sand, gravel or other minerals on

State lands. As described below, the State and the Tribes shall seek to avoid user conflict and

other resource concerns arising from certain Gathering activities on State lands through a

consultative process involving the local offices of the MDNR and the Tribes.

(a)

Maple Sap/Sugar Bushes.

(i)

The Tribes and the State shall work cooperatively through local

MDNR and Tribal offices to determine the location of areas suited for the collection of maple

sap and the production of maple sugar or maple syrup (collectively, “sugar bush operations”) on

State Forest land.

(ii)

The Tribes and the State shall work cooperatively to designate

mutually acceptable areas for sugar bush operations through the use of the MDNR “Special

Conservation Area” (SCA) program. The Parties recognize that SCA designations for sugar

bush operations may change over time. If a Tribe and the State are unable to designate mutually

acceptable areas for such operations through the SCA program, they shall make good faith

efforts to identify other mechanisms to designate areas for such operations. The designation of

areas under the SCA program or another mechanism for sugar bush operations shall not preclude

the use of such areas for other activities, such as MDNR timber and wildlife management

practices, Hunting and Fishing, and other management activities.

(iii)

The Tribes shall not permit their members to engage in sugar bush

operations on State lands other than those designated under subparagraph (a)(ii) of this

Paragraph 20.1, except as otherwise agreed by one or more Tribes and the State to accommodate

one-time or occasional (as opposed to annual) use of a limited number of trees (no more than a

total of twelve).

(iv)

The Tribes shall require their members to obtain a Tribal permit

before engaging in sugar bush operations on State Forest land. The Tribes shall develop and

adopt regulations detailing the permit process. Before issuing permits for sugar bush operations

involving more than a total of twelve trees, a Tribe shall negotiate with MDNR an agreed

number of permits to issue, the number of trees and trees per acre that can be tapped, and the

number of temporary structures that may be erected.

(v)

Tribal regulations for sugar bush operations on State lands shall:

prohibit the use of tubing; prohibit construction of new trails to access sugar bushes; prohibit

permanent structures; and require that temporary structures be removed by the end of the maple

syrup season.

(vi)

The State shall not charge a fee for sugar bush operations pursuant

to permits issued by the Tribes.

(vii)

The Tribes may authorize their members to engage in personal sale

of modest levels of maple sugar and/or maple syrup produced from State lands.

(b)

Firewood.

(i)

The Tribes and the State shall work cooperatively through local

MDNR and Tribal offices to designate areas suitable for firewood collection, and to determine

local restrictions that apply within MDNR Forest Management Units. The designation of areas

for firewood collection under this subparagraph shall not preclude the use of such areas for other

purposes.

(ii)

The Tribes shall not permit their members to collect firewood on

State lands other than those designated under subparagraph (b)(i) of this Paragraph 20.1.

(iii)

The Tribes shall require their members to obtain a Tribal permit

before collecting firewood on State lands. The Tribes shall develop and adopt regulations

detailing the permitting process.

(iv)

Tribal regulations for collecting firewood on State lands shall:

prohibit Tribal members from cutting or Gathering trees except those that are dead and down;

prohibit firewood collection within State timber sale contract areas unless written permission is

obtained from the timber sale contractor; prohibit cutting or Gathering of trees marked with

paint; prohibit cutting or Gathering of cedar and hemlock trees, provided that this provision shall

not prohibit Gathering of cedar or hemlock boughs as provided below; provide that the collection

of firewood is for personal use only and prohibit the sale of firewood; provide that firewood

permits shall be issued for five standard cords per permit, and that only one permit per household

per year shall be issued; and require that Tribal members have a Tribal permit in their possession

when collecting firewood.

(v)

The State shall not charge a fee for collecting firewood pursuant to

permits issued by the Tribes.

(c)

Conifer Boughs.

(i)

The Tribes and the State shall work cooperatively through local

MDNR and Tribal offices to designate areas suitable for conifer bough collection.

The

designation of areas for conifer bough collection under this subparagraph shall not preclude the

use of such areas for other purposes.

(ii)

The Tribes shall not permit their members to collect conifer

boughs on State lands other than those designated under subparagraph (c)(i) of this Paragraph

20.1.

(iii)

The Tribes shall require their members to obtain a Tribal permit

before collecting conifer boughs on State lands. The Tribes shall develop and adopt regulations

detailing the permitting process.

(iv)

Tribal regulations for collecting conifer boughs on State lands

shall: prohibit collection of conifer boughs within 20 feet of the edge of roads, designated trails,

or Streams; prohibit the establishment of new trails or roads to access collection areas; prohibit

Tribal members from cutting down trees for the purpose of Gathering conifer boughs, removing

boughs from trees less than 12 feet in height, or removing boughs from the upper half of a tree;

prohibit Tribal members from Gathering cedar or hemlock boughs except for modest quantities

for personal medicinal or limited ceremonial uses; prohibit collection of boughs for commercial

use, except for individuals making traditional handcraft items; and require that Tribal members

have a Tribal permit in their possession when collecting conifer boughs.

(v)

The State shall not charge a fee for collecting conifer boughs

pursuant to permits issued by the Tribes.

(d)

Black Ash, Basswood and Ironwood.

(i)

The Tribes and the State shall work cooperatively through local

MDNR and Tribal offices to designate areas suitable for collection of black ash, basswood and

ironwood.

(ii)

The Tribes shall not permit their members to collect black ash,

basswood or ironwood on State lands other than those designated under subparagraph (d)(i) of

this Paragraph 20.1.

(iii)

The Tribes shall require their members to obtain a Tribal permit

before collecting black ash, basswood or ironwood on State lands. The Tribes shall develop and

adopt regulations detailing the permitting process.

(iv)

Before issuing permits for the collection of black ash, basswood or

ironwood on State lands, the Tribes shall negotiate with MDNR an agreed number of permits to

issue, and the number of trees and trees per acre that can be used.

(v)

Tribal regulations for the collection of black ash, basswood and

ironwood on State lands shall: prohibit commercial use, except for individuals making traditional

handicraft products; and require that Tribal members have a Tribal permit in their possession

when collecting black ash, basswood, or ironwood.

(vi)

The State shall not charge a fee for collecting black ash, basswood

or ironwood pursuant to permits issued by the Tribes.

(e)

White Birch Bark.

(i)

The Tribes and the State shall work cooperatively through local

MDNR and Tribal offices to designate areas suitable for white birch bark collection.

(ii)

The Tribes shall not permit their members to collect white birch

bark on State lands other than those designated under subparagraph (e)(i) of this Paragraph 20.1.

(iii)

The Tribes shall require their members to obtain a Tribal permit

before collecting white birch bark on State lands. The permits shall contain provisions to prevent

permanent damage to the trees, such as seasonal limitations and limitations on the quantity of

bark that may be removed. The Tribes shall develop and adopt regulations detailing the permit

process. The Tribes shall provide copies of permits issued for the collection of white birch bark

to the MDNR.

(iv)

Before issuing permits for the collection of white birch bark on

State lands, the Tribes shall negotiate with MDNR an agreed number of permits to issue, and the

number of trees and trees per acre that can be used to collect white birch bark.

(v)

Tribal regulations for the collection of white birch bark on State

lands shall: prohibit collection of white birch bark within 33 feet of the edge of roads or

designated trails; prohibit collection of white birch bark for commercial use, except for

individuals making traditional handicraft items; and require that Tribal members have in their

possession a Tribal permit when collecting white birch bark.

(vi)

The State shall not charge a fee for collecting white birch bark

pursuant to permits issued by the Tribes.

(vii)

The Tribes and the MDNR shall annually review the impact to the

resource resulting from this activity, and shall determine whether modification of birch bark

harvest is required to protect birch trees on State land.

(f)

Collection of ground vegetation and shrubs.

(i)

The Tribes shall provide for the protection of species listed as

threatened or endangered under state law, as provided in Section XIX (Threatened and

Endangered Species under State Law).

(ii)

Tribal members may Gather plants and the products thereof, such

as wild berries, mushrooms, pine cones, nuts and fruits, for producing modest levels of

commodities for personal sale and may use the parts of harvested plants for the manufacture and

sale of handicraft products.

20.2

Access.

(a)

The Tribes shall require their members to follow MDNR general camping

registration procedures, including payment of camping fees, and all other applicable rules and

regulations when camping in a developed campsite within a State Park or State Forest

campground.

(b)

The Tribes may authorize dispersed camping on State Forest land at least

one-half mile away from a State Forest campground or the boundary of a State Park, except in

those areas specifically closed to all camping by order of the Director of the MDNR. The Tribes

shall require their members to post a cost-free MDNR camping permit on site and to follow State

land use rules when camping on State Forest lands. The MDNR shall provide such permits to

the Tribes at no charge for issuance to their members.

(c)

In areas where the only public access to a Lake or Stream segment is

located on lands owned or managed by MDNR, and a Tribal member is engaged in the exercise

of a Tribal treaty-related Hunting, Trapping, Fishing, or Gathering right, the State shall waive

any fees or launch costs associated with the Tribal member’s use of such facilities, provided that

space is available. To be eligible for the fee waiver, the Tribes shall require their members to:

(i)

provide Tribal identification at the entrance to the area and post an

approved Tribal identification placard or sticker in the window of their vehicle; and

(ii)

(d)

comply with all applicable rules and regulations for the launch site.

In a Michigan State Park where a Tribal member is engaged in the

exercise of a Tribal treaty-related right (consistent with the terms of this Decree) the State shall

waive any entrance fees associated with the Tribal member’s use of such facilities. At other

times and for other purposes, fees shall be required. To be eligible for the fee waiver, the Tribes

shall require their members to:

(i)

provide Tribal identification at the State Park entrance and post an

approved Tribal identification placard or sticker in the window of their vehicle; and

(ii)

comply with all applicable rules and regulations for the site.

(e)

State park rangers may enforce State park regulations within State parks.

(f)

The MDNR shall notify and consult with the Tribes before permanently

closing an approved access road or trail. In the event that the MDNR establishes a program for

seasonal closures of approved access roads or trails, the MDNR shall notify and consult with the

Tribes before implementing any such seasonal closure.

20.3

Temporary Structures. The Tribes shall only authorize their members to place

structures on State lands as provided in this Paragraph 20.3.

(a)

With the exception of Hunting blinds, the Tribes shall not authorize their

members to construct any structure on State lands from non-native, processed materials, such as

dimensional lumber, plywood, siding or roofing, provided that the Tribes may authorize their

members to use canvas tarps and the like on temporary structures if removed from the site after

use.

(b)

The Tribes may authorize their members to construct a temporary

structure, such as a sweat lodge, which occupies up to 100 square feet, using on-site native

materials, on State Forest lands, provided that the Tribes shall require their members to post a

cost-free dispersed camping permit on site in accordance with subparagraph (b) of this Paragraph

20.2.

(c)

The Tribes may authorize their members to construct a temporary

structure, which occupies more than 100 square feet, using on-site native materials, on State

Forest lands, provided that the Tribes shall require their members to post a cost-free dispersed

camping permit on site in accordance with Paragraph 20.2, subparagraph b , and provided further

that the Tribes shall not issue such permits to their members under this subparagraph without

first consulting with and obtaining the concurrence of the local MDNR forest manager.

(d)

The Tribes shall not permit their members to leave a temporary structure

on State Forest lands for 15 days or more unless the Tribes first consult with and obtain the

concurrence of the local MDNR forest manager.

(e)

The Tribes may authorize their members to use Hunting blinds on State

land in accordance with the following provisions:

(i)

The Tribes shall require Hunting blinds of man-made materials on

state land to legibly display, in letters at least 2” high, the name and an indication of Tribal

membership of the owner (as mutually agreed by the State and the Tribes). The Tribes shall not

permit non-portable ground deer blinds utilizing man-made materials to be placed on State lands

before November 6. The Tribes shall require that deer blinds be removed from State land within

10 days of the end of the last open day for Tribal firearm deer Hunting.

(ii)

The Tribes shall not permit the placement of blinds of man-made

materials in State Parks.

(iii)

The Tribes shall require that portable blinds be removed from State

land at the end of each day’s Hunt.

XXI. ASSESSMENT ACTIVITIES

The Parties recognize that the Tribes may desire to engage in assessment activities within

the inland portion of the 1836 Ceded Territory in addition to, or in coordination with, assessment

activities conducted by the State. The Parties shall meet at least annually to review State and

Tribal assessment activities in order to minimize or avoid duplication of effort and to prevent

interference with such activities. The State may object to a proposed Tribal assessment activity,

provided that the State shall not object to such a proposed assessment activity without fully

consulting with the Tribes and articulating a legitimate State interest for doing so within 60 days

of being notified of the proposed activity. For purposes of this Section XXI, a “legitimate State

interest,” which might form the basis of the State’s objection to such a proposed assessment

activity, is limited to the following: (a) material biological harm to a resource; (b) a threat to

public health or safety; (c) material interference with ongoing research projects; or (d)

unreasonable redundancy of effort. In the event the State makes such an objection after fully

consulting with the Tribes, the Parties shall jointly refer the matter to binding arbitration to be

resolved within the next 60 days. The issue in the arbitration shall be whether the State has a

“legitimate State interest” for objecting to the proposed activity as defined in this Section XXI.

The Tribes shall defer commencement of a proposed assessment activity during the 60-day

period in which the State might object to such activities and, if the State does object, pending

resolution of the objection by arbitration (but need not defer implementation pending an appeal

of the arbitration award, unless otherwise ordered by the Court). An arbitration award under this

Section may be vacated, modified or corrected on appeal only on the grounds set forth in the

Federal Arbitration Act, 9 U.S.C. §§ 10-11, as now in force or hereafter amended. In carrying

out assessment activities, the State and the Tribes shall utilize qualified biologists or other

appropriately trained personnel. Tribal and State assessment activities shall be conducted in a

manner consistent with accepted scientific principles using non-lethal methods whenever

appropriate.

XXII. RESTORATION, RECLAMATION, AND ENHANCEMENT PROJECTS

The Parties recognize that the Tribes may desire to engage in activities designed to

restore, reclaim, or enhance fish, wildlife or other natural resources within the inland portion of

the 1836 Ceded Territory through stocking, rearing, habitat improvement, or other methods. The

Parties shall meet annually in order to minimize or avoid duplication of, or interference with,

restoration, reclamation, and enhancement activities. With the exception of habitat projects on

federal lands, which shall be subject to federal approval under applicable law, or on lands that

are owned by the Tribes or their members, the Tribes shall not undertake new restoration,

reclamation, or enhancement projects without State approval, provided that the State shall not

withhold its approval without fully consulting with the Tribes and articulating a legitimate State

interest for doing so within 60 days of being notified of the proposed project. In carrying out

restoration, reclamation, and enhancement projects, the Tribes shall utilize qualified biologists or

other appropriately trained personnel. Restoration, reclamation, or enhancement projects that

involve stocking or rearing of fish that migrate to the Great Lakes and back into streams, such as

the Little River Band’s Manistee River sturgeon enhancement project, shall be subject to the

provisions of the 2000 Great Lakes Consent Decree and any successor thereto, rather than this

Decree, provided that the State and the Tribes shall provide each other with a reasonable

opportunity to review and comment on any proposal to initiate, alter or discontinue a restoration,

reclamation or enhancement project that may affect harvest opportunities under this Decree.

XXIII. CONSULTATION AND EXCHANGE OF INFORMATION

23.1

The State and the Tribes shall establish one or more committees to facilitate

consultation and the exchange of information among the Parties. In addition to those matters set

forth above, the State and the Tribes shall at least annually exchange: proposals for assessment

activities; the results of assessment activities; a summary of State and Tribal licenses and permits

issued and harvest and effort data pertaining to the inland portion of the 1836 Ceded Territory;

and a summary of any other data and a copy of any reports regarding the condition of the

resources in the inland portion of the 1836 Ceded Territory.

23.2

The Parties shall develop a protocol for these purposes, which shall provide for at

least one annual meeting among the Parties or their representatives. The initial protocol to be

adopted by the Parties is set forth in Appendix L, which is attached hereto and made a part

hereof. The Parties may amend the protocol from time-to-time in accordance with its terms. The

protocol, as initially adopted or hereafter amended, shall be enforceable as a component of this

Decree.

23.3

The State and the Tribes shall work in good faith to coordinate resource

assessment, restoration, enhancement, and harvest monitoring activities.

23.4

The State and the Tribes shall notify each other at least annually of proposed

regulatory changes (including changes in management units or methodologies for determining

the allowable harvest of any species) before they take effect (except where, due to an emergency

or other matter beyond the control of the Parties it is not possible to provide advance notice) and

seek to resolve any concerns arising from such changes before implementing them. Upon

request, the State and the Tribes shall share information regarding the rationale for such changes

and their anticipated effects (e.g., changes in species abundance, distribution, or age or sex

ratios). Upon request, the State and the Tribes shall provide similar information for any existing

regulation, management unit or allowable-harvest methodology. The information provided shall

be sufficiently detailed to enable the other Parties to fully understand the regulation, management

unit or allowable-harvest methodology at issue and any underlying data associated with it, and to

enable them to make constructive suggestions for improvements to such regulation, management

unit or harvestable surplus methodology.

XXIV. LAW ENFORCEMENT

24.1

As a general principle, prosecutions of alleged violations of fish and game laws

and regulations by Tribal members in the inland portion of the 1836 Ceded Territory shall be

heard in a Tribal forum. This provision is predicated on: (a) the enactment of Tribal fish and

game laws and regulations that are consistent with this Decree; and (b) the existence of a Tribal

forum with subject matter jurisdiction to hear prosecutions of alleged violations of fish and game

laws and regulations. As used in this Section XXIV, Tribal forum means either a Tribal Court or

another mutually acceptable Tribal tribunal. In any Tribal forum in which such a prosecution is

heard, upon request of a law enforcement agency whose officer will be a witness, the law

enforcement officer’s testimony shall be presented by a tribal prosecutor or other trained legal

advocate.

24.2

Except for the categories of violation specifically otherwise noted in this Decree,

if the predicate requirements are met, the State shall be precluded from initiating prosecutions of

the Tribes’ members in State courts for violations of State law or regulations pertaining to

Hunting, Trapping, , otherwise taking any species of wildlife, Fishing, or Gathering, when such

acts are within the scope of this Decree or subject to Tribal regulations that are consistent

herewith. This preclusion shall apply to the following statutes and their implementing

regulations, as now in force or hereafter amended, and other similar statutes and regulations:

(a)

endangered species protection [Part 365 of Art. III, Chap. I, Natural

Resources and Environmental Protection Act (NREPA), Mich. Comp. Laws, § 324.36501 et

seq.];

(b)

wildlife conservation [Part 401, Art. III, Chap. II, NREPA, Mich. Comp.

Laws, § 324.40101 et seq.];

(c)

Hunting and Fishing licenses [Part 435, Art. III, Chap. II, NREPA, Mich.

Comp. Laws, § 324.43501 et seq.];

(d)

Fishing with Hook and Line Gear [Part 453, Art. III, Chap. II, NREPA,

Mich. Comp. Laws, § 324.45301 et seq.];

(e)

frogs [Part 455, Art. III, Chap. II, NREPA, Mich. Comp. Laws, §

324.45501 et seq.];

(f)

mussels [Part 457, art. III, Chap. II, NREPA, Mich. Comp. Laws, §

324.45701 et seq.];

(g)

fish shanties [Part 465, Art. III, Chap. II, NREPA, Mich. Comp. Laws, §

324.46501 et seq.]; and

(h)

spearing fish in Houghton Lake [Part 485, Article III, Chap. II, NREPA,

Mich. Comp. Laws, § 324.48501]

(i)

sport Fishing [Part 487, Art. III, Chap. II, NREPA, Mich. Comp. Laws, §

324.48701 et seq.].

24.3

This Decree does not preclude the State from prosecuting in State court alleged

violations by Tribal members of the provisions of the Michigan Penal Code, Mich. Comp. Laws,

§ 750.1 to 750.568, as now in force or hereafter amended. Violations of State or Tribal law

pertaining to safety zone closures near occupied dwellings, trespass or recreational trespass, and

hunter harassment, as defined in State or Tribal law or regulations consistent with this Decree,

shall be concurrently enforceable by State and Tribal officers, with prosecution to occur in either

State or Tribal courts, provided that nothing herein shall be construed as creating a right of a

defendant to seek removal of a prosecution from State court to Tribal court or from Tribal court

to State court, and provided further that Tribal members shall not be prosecuted in State court

under circumstances in which non-Tribal members would not be prosecuted for the same

offense. If the State issues a citation to a Tribal member for a violation of State law under this

Paragraph 24.3 or Paragraph 24.5 of this Decree, it shall provide notice of the citation to the

Tribal member’s Tribe on the next business day or as soon thereafter as practicable. In the event

that it is not practicable to provide notice of the citation to the Tribal member's Tribe on the next

business day, the State shall explain in writing the reasons that the provision of such notice was

impracticable. Notwithstanding the foregoing, the State's failure to provide notice of a citation

or a written explanation for such failure to the Tribal member's Tribe shall not constitute a

defense to the citation.

24.4 Tribal members operating off-road vehicles, snowmobiles, boats or other vessels

who are engaged in the exercise of a treaty-related Hunting, Trapping, Fishing or Gathering

activity, shall not be subject to State vehicle or vessel registration requirements, provided that the

Tribal member satisfies Tribal license requirements for the activity in question, is in compliance

with applicable Tribal Hunting, Trapping or Fishing season limitations in Tribal law adopted

pursuant to this Decree, and possesses evidence of being currently engaged in Hunting,

Trapping, Fishing or Gathering, such as fish, game or common items related to Hunting,

Trapping, Fishing or Gathering such as Fishing rods, tip-ups, firearms, traps, or nets.

24.5

On non-Tribally owned lands, operation of an off-road vehicle, snowmobile, or

boat or vessel by a Tribal member in a manner that creates a threat to public safety or damage to

the environment is enforceable by both State and Tribal officers under provisions of State or

Tribal law or regulation, with concurrent jurisdiction in both State and Tribal court.

24.6

The provisions set forth in subparagraphs (a) through (c) of this Paragraph 24.6,

by which State law enforcement officers shall have the authority to enforce Tribal regulations on

non-Tribal lands, shall be effective only if, and only for so long as, the Parties are able to identify

a mechanism by which Tribal law enforcement officers shall have the authority to: stop hunters

and fishermen in the field in order to determine whether they are Tribal members; enforce Tribal

regulations with respect to Tribal members; and, to the extent they are deputized under

applicable law, enforce State regulations with respect to non-Tribal members. The State shall

not be liable for the acts or omissions of Tribal law enforcement officers in the performance of

their duties under this Decree and the Tribes shall not be liable for the acts or omissions of the

State's law enforcement officers in the performance of their duties under this Decree. Moreover,

nothing in this Decree shall be construed to mean either that Tribal law enforcement officers are

agents of the State or that State law enforcement officers are agents of the Tribes.

(a)

Conservation officers of the MDNR are authorized to enforce a Tribe’s

regulations pertaining to Inland Article 13 Rights on non-Tribal lands and to institute

proceedings in a Tribal forum through the issuance of a citation upon satisfaction of the

following requirements:

(i)

certification as a law enforcement officer by MCOLES, or its

(ii)

successful completion of a cultural awareness program approved

successor agency; and

by the State and the Tribes.

MDNR shall provide the Tribes with updated lists of officers meeting these criteria.

(b)

In order to assure professional, fair, and reasonable enforcement of the

Tribes’ regulations, any Tribe subject to this Decree may initiate a complaint of unprofessional

conduct against a Michigan conservation officer, by means of filing the standard form available

from the Law Enforcement Division of the MDNR. In order to assure transparency in the

investigation of such charges, the chief law enforcement officer of the Tribe initiating a

complaint shall be invited to:

(i)

participate in the investigation of such charges; and

(ii)

participate as a member of the review board that reviews the

investigation, determines the validity of such charges and establishes any corrective or

disciplinary actions that may be appropriate if officer misconduct is established.

(c)

A MDNR conservation officer may:

(i)

conduct routine inspections of boats, wagons, trailers, vehicles,

snowmobiles, containers, packages, or other containers utilized by a person in a Harvesting

Activity authorized by Tribal law;

(ii)

stop and board any boat and stop any vehicle or snowmobile if the

officer reasonably suspects there is a violation of Tribal law;

(iii)

execute any process for enforcement of the provisions of Tribal

(iv)

with or without a warrant, open, enter and examine boats, wagons,

law;

trailers, vehicles, snowmobiles and packages and other containers, in which the officer has

probable cause to believe that contraband wild plants, wild animals, fish, or carcasses or parts

thereof may be contained, or as part of a routine inspection authorized under subparagraph (c)(i)

of this Paragraph 24.6; and

(v)

if a violation occurs in the officer’s presence, seize, with or

without a warrant, any article which is subject to forfeiture under applicable Tribal law, or which

may be required as evidence of a violation of applicable Tribal law, provided that any article so

seized shall be delivered within 5 working days of the time of seizure into the custody of the

Tribal member’s Tribal forum, unless said article is immediately delivered into the custody of an

officer of the Tribal member’s Tribe.

Officers shall exhaust all other practical means of

gathering required evidence prior to seizing an article under this subparagraph.

24.7

The records of a Tribal court related to State or Tribal citations or arrests of Tribal

members for alleged violations related to Hunting and Fishing under this Decree, including

records of court dispositions of such citations or arrests, shall be accessible to MDNR

conservation officers during normal business hours.

24.8

Each Tribe shall prepare an annual summary of citations and arrests of Tribal

members for alleged violations related to Hunting and Fishing under this Decree, showing the

date of violation, the agency initiating the citation or arrest, the location by county of the alleged

violation, the charge filed, and the status or disposition of each incident. The report shall be

provided to the State no later than the last day in February of the following year. Upon request,

the State shall provide a Tribe comparable data for Hunting and Fishing violations prosecuted by

the State.

24.9 If Michigan law is amended or modified in the future to provide the opportunity for

the deputization of Tribal conservation officers by the MDNR, the State and the Tribes shall

work together to develop a process to provide for deputization of such officers.

XXV. WILDLIFE SPECIES FOR WHICH THE STATE DOES

NOT CURRENTLY PERMIT HUNTING

Except as otherwise provided in Section XVIII (Migratory Birds), the Tribes shall not

authorize their members to harvest wildlife species that cannot lawfully be harvested under State

law as of October 2006 (as set forth in Appendix K, which is attached hereto and made a part

hereof), provided that if any such species is biologically capable of withstanding harvest and the

Tribes express interest in such harvest, the State and the Tribes shall make best efforts to reach

consensus regarding Tribal harvest of such species, and provided further that in the event such

consensus is not obtained, the Parties shall utilize the dispute resolution process under this

Decree to determine whether Tribal harvests may be permitted. For species designated as game

species under Michigan law as of October 2006 (as also set forth in Appendix K), the issue shall

be whether the State has a reasonable basis for prohibiting such harvests taking into

consideration the Tribes’ interest in allowing such harvests, provided that no harvest of moose

shall be permitted by the State or the Tribes unless the State and the Tribes agree that such

harvest is appropriate and agree on an allocation of such harvest. For all other species, the issue

shall be whether the State has a basis for objecting to the Tribes’ proposed harvest regulations

under Paragraph 26.2 of this Decree. Notwithstanding the foregoing, if in the future the State

permits the harvest of any species that cannot lawfully be harvested under State law as of

October 2006, the Tribes may also permit the harvest of such species. The State agrees to consult

with the Tribes on issues of mutual concern regarding such species, including allocation.

XXVI. CHANGES TO REGULATIONS

26.1

The Parties agree that management and regulation of fish, wildlife and other

natural resources must be dynamic and respond to changing conditions. Accordingly, from time

to time the State and the Tribes may change their harvesting regulations, provided that all such

changes shall be consistent with the provisions of this Decree. The State and the Tribes agree to

consult with each other about such changes in accordance with this Section XXVI and Section

XXIII (Consultation and Exchange of Information).

26.2

The State may object to a proposed Tribal regulatory change, provided that the

State shall not object to such a change unless, within 60 days of being notified of the proposed

change, it consults with the Tribes and demonstrates that: (a) the change would cause

demonstrable harm to the conservation of the resource at issue or a demonstrable threat to public

health or safety; and (b) prohibiting the change is reasonable and necessary to prevent such

conservation harm or public health or safety threat. If the State makes such an objection after

fully consulting with the Tribes, the Parties shall jointly refer the matter to binding arbitration to

be resolved within the next 60 days. The issue in the arbitration shall be whether the State has

satisfied the foregoing standards. The Tribe or Tribes proposing the regulatory change shall

defer implementation of the proposed change during the 60-day period in which the State might

object to the change and, if the State does object, pending resolution of the objection by

arbitration (but need not defer implementation pending an appeal of the arbitration award, unless

otherwise ordered by the Court). An arbitration award under this Paragraph 26.2 may be

vacated, modified or corrected on appeal only on the grounds set forth in the Federal Arbitration

Act, 9 U.S.C. §§ 10-11, as now in force or hereafter amended.

26.3

In the event that a reduction in fish or game populations requires more restrictive

State regulations, the Tribes and the State shall consult regarding appropriate adjustments, if any,

in Tribal regulations. The State may object to a Tribe’s decision not to make such an adjustment

in its regulations, provided that the State shall not make such an objection without consulting

with the Tribes and demonstrating that: (a) a failure to make the adjustment would cause

demonstrable harm to the conservation of the resource at issue; and (b) the adjustment is

reasonable and necessary to prevent such conservation harm.

If the State makes such an

objection after fully consulting with the Tribes, the Parties shall jointly refer the matter to

binding arbitration to be resolved within the next 60 days. The issue in the arbitration shall be

whether the State has satisfied the foregoing standards.

An arbitration award under this

Paragraph 26.3 may be vacated, modified or corrected on appeal only on the grounds set forth in

the Federal Arbitration Act, 9 U.S.C. §§ 10-11, as now in force or hereafter amended.

XXVII. DISPUTE RESOLUTION

27.1

Any dispute relating to the interpretation, application or enforcement of this

Decree shall be resolved by the procedures set forth in this Section XXVII. However, the

decision of a Party not to agree or not to give its consent with respect to a matter identified in this

Decree as requiring the mutual agreement or consent of the State and one or more of the Tribes

shall not be subject to dispute resolution under this Section.

27.2

Negotiation

(a)

It is the intent of the Parties that any dispute be resolved informally and

promptly through good faith negotiations among the Parties. Should any dispute or controversy

arise, the steps outlined in this Paragraph 27.2 shall immediately be taken.

(b)

If the dispute involves any matter which is subject to an information

sharing or consultation provision under this Decree or which is addressed by the Information

Sharing and Consultation Protocol entered into pursuant to Paragraph 23.2 of this Decree, the

Party raising the dispute must first comply with the applicable information sharing and

consultation requirements and attempt to achieve consensus. If consensus on the matter is not

achieved, or if consensus on components of the dispute does not resolve the entire dispute, the

Party may proceed with the next step in dispute resolution under this Section.

(c)

Any Party may initiate negotiation proceedings by sending written notice

to the other Parties setting forth the particulars of the dispute, the provision of this Decree

involved, and a suggested resolution of the problem. The recipient Parties involved in the

dispute must respond within 20 days of receipt with an explanation and response to the proposed

resolution, which response shall be sent to all other Parties.

(d)

If correspondence does not resolve the dispute, the Parties involved in the

dispute and any other Parties who desire to attend shall meet on at least one (1) occasion within

fifteen (15) days after the response by the recipient Parties and attempt to resolve the matter.

(e)

If the dispute is not resolved by negotiations within fifteen (15) days after

the Parties’ first meeting, or within any extended period of time to which the Parties agree, the

matter shall be referred to the Executive Council established under the Information Sharing and

Consultation Protocol entered into pursuant to Paragraph 23.2 of this Decree. The Executive

Council shall meet either in person or by teleconference within thirty (30) days of the referral to

address the matter.

27.3

Mediation

(a)

In the event that the entire dispute is not resolved at the meeting of the

Executive Council, the Party raising the dispute may proceed to mediation. Unless the Parties

agree to a different mediation procedure, Voluntary Facilitative Mediation (“VFM”), pursuant to

W.D. Mich. LCivR 16.3, as now in force or hereafter amended, shall govern the mediation

process; provided, however, that notwithstanding those rules: (i) the Parties hereby consent to

mediation in accordance with this Section; and (ii) the Parties may agree to select a mediator

with background and experience in the subject matter which gave rise to the dispute, even if said

agreed-upon mediator is not on the list of Court-certified mediators.

(b)

In the event the Parties cannot agree upon a mediator within ten (10) days

after the party invoking mediation has initiated the process by written notice to all Parties, the

mediator shall be selected by the Court’s ADR Administrator.

27.4

Judicial Resolution

(a)

If the Parties do not resolve the matter through mediation, or if the Parties

agree to waive mediation, a Party or Parties may seek relief from the Court as provided by the

Federal Rules of Civil Procedure and the Local Rules of the Western District of Michigan.

(b)

A Party desiring to initiate judicial resolution of the dispute shall file a

notice pleading with the Court containing a concise description of the matters in dispute, a

certification that the Party seeking relief has complied with the dispute resolution procedures of

this Decree, and a description of the relief requested. The other Parties may file a responsive

pleading within thirty (30) days.

(c)

Unless the Parties agree that the dispute can be resolved by motion

without the need for discovery or an evidentiary hearing, they shall request a scheduling

conference under W. D. Mich. LCivR 16.1, as now in force or hereafter amended, to establish a

timetable for disposition of the dispute.

(d)

In the event of an emergency involving this Decree posing a threat of

immediate irreparable harm to a resource or a Party, a Party may seek immediate or temporary

relief under Fed. R. Civ. P. 65, as now in force or hereafter amended, and applicable local court

rules without following the procedural steps set forth in this Section.

27.5

Arbitration.

(a)

The provisions in Paragraphs 27.1 through 27.4 of this Decree shall not

apply to disputes that are subject to binding arbitration under Section XXVI (Changes to

Regulations) or Section XXI (Assessment Activities). However, a Party must comply with the

applicable information sharing and consultation provisions of Section XXVI, Section XXI, and

the Information Sharing and Consultation Protocol adopted under Paragraph 23.2 of this Decree,

before invoking arbitration. If a Party invokes binding arbitration under Section XXVI or

Section XXI, the arbitration shall be conducted pursuant to W.D. Mich. LCivR 16.6, as now in

force or hereafter amended; provided, however, that notwithstanding those Rules: (i) the Parties

hereby consent to binding arbitration whenever this Decree calls for arbitration, which arbitration

shall be final, binding and non-appealable; (ii) the provisions of the Federal Arbitration Act, 9

U.S.C. §§ 10-11, as now in force or hereafter amended, shall apply to any arbitration award or

decree; and (iii) the Parties may agree to select an arbitrator with background and experience in

the subject matter which gave rise to the dispute, even if said agreed-upon arbitrator is not on the

list of Court-certified arbitrators.

(b)

In the event the Parties cannot agree upon an arbitrator within 20 days after the

Party invoking arbitration has initiated the process by written notice to all Parties, the arbitrator

shall be selected by the Court’s ADR Administrator. The arbitration proceedings shall be

concluded within the time period specified in this Decree.

XXVIII. MODIFICATIONS

Except as otherwise provided by federal law applicable to the modification of consent

decrees, modifications to this Decree shall be made only by mutual agreement among the Parties

and approval by this Court. In the event the Parties desire to modify this Decree, the Parties shall

present to this Court for its consideration a stipulation and a proposed order for modification of

the Decree.

XXIX. FEDERAL LANDS AND FEDERAL LAW

29.1

To the extent a particular activity on federal land under the jurisdiction and

control of the U.S. Forest Service, the U.S. Fish and Wildlife Service, the National Park Service,

or any successor agency is otherwise subject to State regulation, the exercise of Inland Article 13

Rights on such lands shall be governed by the terms of this Decree and applicable federal laws

and regulations. To the extent a particular activity on those federal lands would not otherwise be

subject to State regulation, the exercise of Inland Article 13 Rights on those lands shall be

governed by memoranda of understanding between the Tribes and the Forest Service, Fish and

Wildlife Service, or Park Service, or any successor agency, respectively, and by applicable

federal laws and regulations. The exercise of Inland Article 13 Rights on lands under the

jurisdiction and control of any other federal agency shall be governed by memoranda of

understanding between the Tribes and the agency or its successor and applicable federal laws and

regulations.

29.2

Issues concerning the applicability of particular federal laws or regulations to the

Tribes’ Inland Article 13 Rights shall be determined in accordance with prevailing law

governing the applicability of federal law to Indian treaty rights. The Parties do not intend this

Decree to limit or expand the application of federal law, including but not limited to the

Endangered Species Act, to Indian treaty rights as determined under prevailing law.

Dated: _________________________

__________________________________

RICHARD ALAN ENSLEN

SENIOR UNITED STATES DISTRICT

JUDGE

Appendix A

LANDS AND INLAND WATERS WITHIN THE BOUNDARIES OF THE TERRITORY

CEDED IN THE 1836 TREATY

Appendix B1

PROTOCOL FOR THE TRIBES’ AUTHORIZATION OF THEIR MEMBERS’ USE

OF SPECIALLY REGULATED FISHING METHODS AND FOR MANAGEMENT OF

TRIBAL AND STATE WALLEYE FISHERIES IN WALLEYE LAKE SYSTEMS

This Protocol is adopted in accordance with Section XII of the Decree. The provisions of

this Protocol are intended to facilitate implementation of Section XII of the Decree but shall not

relieve any party of any obligation it has under the Decree. In the event of any inconsistency

between the provisions of the Decree and the provisions of this Protocol, the provisions of the

Decree shall be controlling. Except as authorized by this Protocol or otherwise authorized in the

Decree or by mutual agreement of the Tribes and the State, the Tribes shall prohibit their

members from using Specially Regulated Fishing Methods in Walleye Lake Systems. However,

notwithstanding any other provision of this Protocol, if the State permits State licensees to use

Specially Regulated Fishing Methods in Walleye Lake Systems: (1) the Tribes may permit their

members to use Specially Regulated Fishing Methods in Walleye Lake Systems subject to

regulations that are no less restrictive than applicable State regulations; and (2) the Tribes and

the State shall make appropriate adjustments, as may be necessary, to the provisions of this

Protocol.

1.1.

INTRODUCTION

Use of Specially Regulated Fishing Methods in Walleye Lake Systems. In

accordance with Paragraphs 12.1 and 12.2 of the Decree, the Tribes may authorize their

members to use Specially Regulated Fishing Methods in Walleye Lake Systems as provided in

this Protocol, provided that the Tribes shall not authorize their members to use Impoundment

Nets or Long Seines in tributaries to Walleye Lake Systems, except where the use of such gear is

permitted by State law or Paragraph 11.4 of the Decree. Short Seines are not subject to the

provisions in this Protocol.

1.2.

Tribal and State Management of Walleye Fisheries. The Tribes and State shall

use this Protocol to manage their respective walleye fisheries in Walleye Lake Systems located

within the 1836 Ceded Territory when use of Specially Regulated Fishing Methods is authorized.

This Protocol is intended to provide the State and the Tribes with flexibility in managing their

respective fisheries in Walleye Lake Systems and to provide a mechanism for modification as

biological, environmental, and social circumstances might require.

1.3.

Management Procedures for Specially Regulated Fishing Methods.

The

Tribes’ authorization of their members’ use of Specially Regulated Fishing Methods in a

Walleye Lake System shall be subject to either the Threshold Level Procedures described in

Section VI of this Protocol, or the Allocation-Based Procedures described in Section VII of this

Protocol. The foremost objective for each of these management procedures is to maintain the

total annual exploitation rate of Adult Walleyes in a Walleye Lake System by Tribal and Statelicensed fishers at or below the agreed upon Total Allowable Annual Exploitation Rate, and to

provide equivalent protections for other species of fish in a Walleye Lake System, as may be

necessary, although the procedures differ in how this foremost objective is accomplished.

Threshold Level Procedures require moderate management effort in accounting for harvest and

Fishing activity and do not require population assessments. Allocation-Based Procedures require

rigorous management by the State and the Tribes, including comprehensive monitoring of

harvest and Fishing activity and population assessments.

1.4.

Choice of Management Procedures; Fishing Effort Limitations under

Threshold Level Procedures. The amount of Fishing Effort using Specially Regulated Fishing

Methods that the Tribes authorize in a particular Walleye Lake System shall determine whether

Allocation-Based Procedures or Threshold Level Procedures shall be used in that Walleye Lake

System. This Protocol establishes a Threshold Harvest Level applicable to the use of Specially

Regulated Fishing Methods by Tribal members for each Walleye Lake System at a level that

minimizes the risk that Tribal and State-licensed fishers will exceed the Total Allowable Annual

Exploitation Rate for that Walleye Lake System. Unless one or more of the Tribes invokes

Allocation-Based Procedures in a particular Walleye Lake System, the Tribes must limit their

members’ use of Specially Regulated Fishing Methods in that Walleye Lake System in

accordance with Paragraph 6.5 of this Protocol. The Fishing Effort restrictions in Paragraph 6.5

of this Protocol are designed to ensure that the total harvest of Adult Walleyes with Specially

Regulated Fishing Methods in a Walleye Lake System is below the Threshold Harvest Level for

that Walleye Lake System.

1.5.

Tribal Authorization of Fishing with Methods Other Than Specially

Regulated Fishing Methods Not Limited. Except as provided in Section VIII of this Protocol,

the Tribes’ authorization of their members’ use of fishing methods other than Specially

Regulated Fishing Methods in Walleye Lake Systems is not limited by this Protocol, but Tribal

members’ harvests of Adult Walleye using such other methods shall be estimated and taken into

account under Allocation-Based Procedures as set forth in Paragraphs 7.3 and 7.4(c) of this

Protocol.

II.

DEFINITIONS

As used in this Protocol, the terms defined in Section III (Definitions) of the Decree shall

have the meanings ascribed to them in that Section. In addition, the following terms shall have

the meanings ascribed to them in this Section II:

2.1.

“Adult Walleye” means a walleye that is at least 15 inches in length or a walleye

of any size for which sex can be determined by extruding gametes.

2.2

“Fishing Effort” means the amount of time spent Fishing using a specified type of

Fishing gear or method.

2.3

“Total Allowable Annual Exploitation Rate” means the proportion of fish that can

safely be harvested from a fish population during a one-year period.

2.4.

“Natural Recruitment Walleye Lake System” means a Walleye Lake System in

which the population of Adult Walleyes is comprised of 50% or more walleyes that are naturally

produced or in which the population of Adult Walleyes is comprised of unknown percentages of

naturally produced and stocked walleyes.

2.5.

“Overfishing” means the harvest of fish of any species by State and/or Tribal

fishers at an annual exploitation rate that is greater than the Total Allowable Annual Exploitation

Rate for that species in a particular Lake System.

2.6.

“Stocked Walleye Lake System” means a Walleye Lake System in which the

population of Adult Walleyes is comprised of more than 50 percent walleyes that are stocked.

2.7.

“Threshold Exploitation Level” means the maximum annual exploitation rate for

Adult Walleyes using Specially Regulated Fishing Methods in a Walleye Lake System that is

allowed under Threshold Level Procedures.

2.8.

“Threshold Harvest Level” means the maximum annual number of Adult

Walleyes that can be authorized for harvest by the Tribes with the use of Specially Regulated

Fishing Methods in a Walleye Lake System under Threshold Level Procedures. The Threshold

Harvest Level is equal to the estimated number of adult fish times the Threshold Exploitation

Level.

III.

WALLEYE LAKE SYSTEMS

Table 1 of this Protocol contains an initial list of Walleye Lake Systems in the 1836

Ceded Territory. The Tribes and the State shall add additional Lake Systems to the list of

Walleye Lake Systems upon request of any Tribe or the State if those Lake Systems meet the

definition of a Walleye Lake System in Paragraph 3.28 of the Decree. Similarly, the Tribes and

the State shall remove Lake Systems from the list of Walleye Lake Systems upon request of any

Tribe or the State if those Lake Systems no longer meet the definition of a Walleye Lake System

in Paragraph 3.28 of the Decree. A request to add a Lake System to or remove a Lake System

from the list of Walleye Lake Systems, including the supporting biological documentation, shall

be made in writing and sent to the State and all Tribes by July 1 of the year preceding the year in

which Lake System is to be added to or removed from the list of Walleye Lake Systems, or by

such other date as may be mutually agreed upon by the State and the Tribes. The list of Walleye

Lake Systems shall be updated with any changes by December 15 of the year the request was

received.

IV.

WALLEYE POPULATION ESTIMATES

Walleye population estimates are essential to the proper management of walleye harvest

under this Protocol. Walleye population estimates shall be calculated according to the following

methods.

4.1.

Walleye Population Regression Equations. Except as provided in Paragraph

4.2, the Tribes and the State agree to use the following regression equations to estimate the Adult

Walleye population in each Walleye Lake System. In addition, the Tribes and the State shall

review these equations and any substitute equations every five years and may change them by

mutual agreement.

Equation 1 -- Adult Population Estimate for a Natural Recruitment Walleye Lake System:

ln(N) = 1.519 + 0.956 x ln(A)

Equation 2 -- Adult Population Estimate for a Stocked Walleye Lake System:

ln(N) = 1.037 + 0.897 x ln(A)

where for both equations,

= estimate of the Adult Walleye population, i.e., the number of Adult Walleyes

on the spawning grounds, and

= surface area of the Walleye Lake System in acres, excluding tributaries.

The Tribes and the State shall collaborate in a project to develop criteria for determining the

classification of Walleye Lake Systems (i.e., Natural Recruitment Walleye Lake Systems versus

Stocked Walleye Lake Systems, including sub-classifications if appropriate) and regression

equations for each classification type that are specific to Michigan, based upon empirical

estimates of population sizes of Adult Walleyes derived for Walleye Lake Systems in the 1836

Ceded Territory. The design of the project shall commence within two years of the entry of the

Decree by the Court. Upon mutual agreement of the State and the Tribes that a Michigan

regression equation or equations developed in this project provides more accurate estimates than

the corresponding Equation 1 or Equation 2 above, the Tribes and the State shall use the

Michigan regression equation or equations in place of the corresponding Equation 1 or Equation

2 above. If such mutual agreement is not attainable by the State and the Tribes, the State and the

Tribes shall each select an independent expert to determine the accuracy of a Michigan

regression equation or equations developed in this project. If the selected experts are unable to

agree, they shall jointly select a third expert to resolve the matter. In addition, the Tribes and the

State shall continue to update the Michigan regression equation or equations with any new

empirical estimates of population sizes of Adult Walleyes derived for Walleye Lake Systems in

the 1836 Ceded Territory.

4.2.

Empirical Population Estimates of Adult Walleyes. The Tribes and the State

shall develop a mutually agreeable protocol for conducting walleye population assessments. An

Adult Walleye population estimate derived from a walleye population assessment in a Walleye

Lake System shall be used in place of the regression equations described in Paragraph 4.1. An

empirical population estimate of Adult Walleyes for a Walleye Lake System shall be recorded

and shall be used for five years, or until an empirical population estimate of Adult Walleyes is

calculated from a new population assessment to replace it.

After five years, an empirical

population estimate of the Adult Walleyes for a Walleye Lake System shall be discarded and

shall be replaced with the population estimate of Adult Walleyes using the applicable regression

equation under Paragraph 4.1 of this Protocol.

4.3.

Alternative Methods. Upon mutual agreement of the Tribes and the State, an

alternative method for estimating the Adult Walleye population in a Walleye Lake System may

be implemented. If the alternative method is not based on empirical population estimates from

Walleye Lake Systems in Michigan, then the Tribes and the State shall determine and apply, as

set forth in Paragraph 7.2 of this Protocol, mutually agreeable percentage reductions for the value

of N in Equation 3, when Fishing under Allocation-Based Procedures in Walleye Lake Systems

of 1,000 surface acres or more (excluding tributaries).

4.4.

Initial Estimates. Table 1 of this Protocol sets forth the initial Adult Walleye

population estimate in each Walleye Lake System listed in Table 1, using the methodologies set

forth in Paragraphs 4.1 and 4.2 of this Protocol and available information on the surface area of

Walleye Lake Systems (excluding tributaries) and the source of Adult Walleye recruitment in

such Systems. The Tribes and the State shall revise the Adult Walleye population estimates in

Table 1 in accordance with Paragraphs 4.2 and 4.3 of this Protocol and/or on the basis of

additional information on the surface area of Walleye Lake Systems (excluding tributaries) or the

source of Adult Walleye recruitment in such Systems, as appropriate. A request to revise an

Adult Walleye population estimate for a Walleye Lake System, including the supporting

information, shall be made in writing and sent to the State and all Tribes by July 1 of the year

preceding the year in which the revised estimate is to take effect or by such other date as may be

mutually agreed upon by the Tribes and the State. The Adult Walleye population estimate shall

be revised by December 15 of the year the request was received.

TOTAL ALLOWABLE ANNUAL EXPLOITATION RATES AND TOTAL HARVEST

LEVELS

The Tribes and State shall manage their respective fisheries in accordance with this

Protocol to prevent the combined harvest by Tribal and State-licensed fishers from exceeding the

Total Allowable Annual Exploitation Rates and Total Harvest Levels for Adult Walleyes in

Walleye Lake Systems.

5.1.

Total Allowable Annual Exploitation Rates.

The Total Allowable Annual

Exploitation Rate for Adult Walleyes in each Walleye Lake System shall be 35% of the

estimated Adult Walleye population in that Walleye Lake System, provided that the Total

Allowable Annual Exploitation Rate for Adult Walleyes is subject to change on any Walleye

Lake System by mutual agreement of the Tribes and the State. A request to change the Total

Allowable Annual Exploitation Rate for Adult Walleyes in a Walleye Lake System, including

the supporting biological documentation and duration of the proposed change, shall be submitted

in writing to all Tribes and the State by July 1 of the year preceding the effective date of the

proposed change, or by such other date as may be mutually agreed upon by the State and the

Tribes, and shall be reviewed by State and Tribal biologists to ensure that the change shall

protect the walleye population in that Walleye Lake System and that the change shall comply

with the objectives and rules of this Protocol. The Tribes and the State shall declare whether or

not they agree with a requested change by December 15 of the year the request was received. If

the Tribes and the State agree to change the Total Allowable Annual Exploitation Rate for a

Walleye Lake System, then the new Total Allowable Annual Exploitation Rate for that Walleye

Lake System shall be recorded and used in future management for the agreed upon duration or

until changed by mutual agreement of the Tribes and the State under this Paragraph 5.1.

5.2.

Total Harvest Levels.

The Total Harvest Level for Adult Walleyes in any

Walleye Lake System shall be calculated as shown in Equation 3.

Equation 3 -- Total Harvest Level for Adult Walleyes:

Htot = N x Etot

where,

Htot = Total Harvest Level for Adult Walleyes;

= the estimated number of Adult Walleyes in the Walleye Lake System

determined in accordance with Section IV of this Protocol; and

Etot

= Total Allowable Annual Exploitation Rate as defined in Paragraph 5.1 of

this Protocol.

VI.

THRESHOLD LEVEL PROCEDURES FOR WALLEYE LAKE SYSTEMS

6.1.

Use of Threshold Level Procedures. Unless one or more of the Tribes invokes

Allocation-Based Procedures for a particular Walleye Lake System, the Threshold Level

Procedures set forth in this Section VI shall be used if one or more Tribes authorizes its members

to use Specially Regulated Fishing Methods in that Walleye Lake System.

6.2.

Objectives of Threshold Level Procedures; Methods for Achieving

Objectives. As set forth above, the foremost objective of Threshold Level Procedures is to

maintain the total annual exploitation rate of Adult Walleyes by Tribal and State-licensed fishers

in a Walleye Lake System at or below the Total Allowable Annual Exploitation Rate for that

Walleye Lake System. A second objective is to maintain the total annual exploitation rates of

other fish species in Walleye Lakes Systems at acceptable levels. A third objective of Threshold

Level Procedures is to ensure that Tribal members have an opportunity to use Specially

Regulated Fishing Methods in a Walleye Lake System to harvest Adult Walleyes and other fish

species in that Walleye Lake System without requiring implementation of the more rigorous

management practices required under Allocation-Based Procedures.

These objectives are

accomplished by: (1) setting a Threshold Exploitation Level with a corresponding Threshold

Harvest Level in each Walleye Lake System, as set forth in Paragraphs 6.3 and 6.4 of this

Protocol; (2) implementing a permit system that (a) controls harvest by limiting annual Fishing

Effort by Tribal members using Specially Regulated Fishing Methods on each Walleye Lake

System, such that the number of Adult Walleyes allowed for harvest using Specially Regulated

Fishing Methods shall not exceed the Threshold Harvest Level for Adult Walleyes and (b) limits

the use of Impoundment Nets and Long Seines to protect species other than walleye, both as set

forth in Paragraph 6.5 of this Protocol; (3) applying daily bag limits, possession limits, and size

limits, as set forth in Paragraph 11.3 of the Decree and Paragraph 6.5 and Section VIII of this

Protocol; and (4) utilizing appropriate State management of State-licensed fishers to limit

exploitation rates on Adult Walleyes by such fishers to the difference between the Total

Allowable Annual Exploitation Rate for Adult Walleyes and the Threshold Exploitation Level,

in the event that, on the basis of available information, the combined exploitation rates by State-

licensed fishers and Tribal fishers are expected to exceed the Total Allowable Annual

Exploitation Rate.

6.3.

Threshold Exploitation Levels.

Except as provided below, the Threshold

Exploitation Level for each Walleye Lake System, which shall be used to limit the annual

Fishing Effort by Tribal members using Specially Regulated Fishing Methods, is:

(a)

Ten percent (10%) of the estimated Adult Walleye population in Walleye

Lake Systems of 1,000 surface acres or more, excluding tributaries, provided that, if the

estimated Adult Walleyes population is not based on a Michigan regression equation under

Paragraph 4.1 of this Protocol, an empirical population estimate under Paragraph 4.2 of this

Protocol, or an alternative method under Paragraph 4.3 of this Protocol, the Threshold

Exploitation Level for such lakes shall be six percent (6%) of the estimated Adult Walleye

population in 2008, eight percent (8%) of the estimated Adult Walleye population in 2009, and

ten percent (10%) of the estimated Adult Walleye population in 2010 and thereafter, and

(b)

Five percent (5%) of the estimated Adult Walleye population in Walleye

Lake Systems of less than 1,000 surface acres, excluding tributaries, in all years.

The Threshold Exploitation Level in a Walleye Lake System can be adjusted up or down by

mutual agreement between the State and the Tribes. Requests for such an adjustment shall

include the duration of the proposed change and the supporting biological documentation that

demonstrates that the proposed change to the Threshold Exploitation Level will not result in a

total annual exploitation rate that exceeds the Total Allowable Annual Exploitation Rate for

Adult Walleyes. If a Tribe elects to fund a creel survey to obtain such information, the State

shall cooperate in conducting the study. Requests to adjust a Threshold Exploitation Level shall

be submitted in writing to the State and all Tribes by July 1 of the year preceding the effective

date of the proposed adjustment, or by such other date as may be mutually agreed upon by the

State and the Tribes. Requests for an adjustment to a Threshold Exploitation Level shall be

reviewed by State and Tribal biologists to ensure that any adjustment will protect the walleye

population and populations of other fish species in that Walleye Lake System and complies with

the objectives and rules of this Protocol. The Tribes and the State shall declare whether or not

they agree with a requested adjustment to the Threshold Exploitation Level for a Walleye Lake

System by December 15 of the year the request was received. If the Tribes and the State agree to

adjust a Threshold Exploitation Level, the new level shall be recorded and shall be used in future

management for the agreed-upon duration or until changed by the State and the Tribes under this

Paragraph.

6.4.

Threshold Harvest Levels. In order to apply the Fishing Effort limitations set

forth in Paragraph 6.5 of this Protocol, the Threshold Exploitation Level for a Walleye Lake

System shall be converted to a Threshold Harvest Level for that Walleye Lake System (i.e., the

number of Adult Walleyes that the Tribes can authorize their members to harvest using Specially

Regulated Fishing Methods in that Walleye Lake System under Threshold Level Procedures).

The calculation of the Threshold Harvest Level for a Walleye Lake System is shown in Equation

Equation 4 -- Threshold Harvest Level:

Hthl = N x Ethl

where,

Hthl = Threshold Harvest Level;

= the estimated number of Adult Walleye in the Walleye Lake System, as

determined in accordance with Section IV of this Protocol, and

Ethl

= the Threshold Exploitation Level for that Walleye Lake System, as

determined in accordance with Paragraph 6.3.

6.5.

Fishing Effort Limitations under Threshold Level Procedures.

(a)

The Tribes shall limit their members’ Fishing Effort for walleyes with

Specially Regulated Fishing Methods in each Walleye Lake System subject to Threshold Level

Procedures so that the number of Adult Walleyes allowed for harvest by Tribal members using

such methods does not exceed the Threshold Harvest Level established for that Walleye Lake

System under Paragraph 6.4. To achieve this objective, the Tribes shall require their members to

obtain a Tribal permit for the use of Specially Regulated Fishing Methods that is specific to a

Walleye Lake System and that specifies the starting date and time of each 24-hour period during

which the permit is valid and a daily walleye bag limit. The number of walleyes allowed for

harvest under each permit issued in accordance with this Subparagraph 6.5(a) shall equal the

number of 24-hour periods for which the permit is valid times the daily walleye bag limit

specified in the permit. The Tribes shall maintain a running tally of the number of walleyes

allowed for harvest under such permits in each Walleye Lake System and, when the number of

walleyes allowed for harvest under all such permits for a particular Walleye Lake System

reaches the Threshold Harvest Level for that Walleye Lake System, the Tribes shall cease

issuing permits for the use of Specially Regulated Fishing Methods to harvest walleyes in that

Walleye Lake System.

(b)

In addition to the limitation on the issuance of permits in

Subparagraph 6.5(a), the Tribes shall limit the use of Impoundment Nets and Long Seines in

each Walleye Lake System as provided in this Subparagraph 6.5(b). The Tribes shall limit each

permit for the use of Impoundment Nets or Long Seines to the use of a single Impoundment Net

or a single Long Seine during one or more 24-hour periods. The total number of such 24-hour

periods in all such permits in a particular Walleye Lake System shall be limited as follows:

No more than three (3) 24-hour periods per 100 surface acres per

year in Walleye Lake Systems of 1,000 surface acres or more, excluding tributaries, rounded to

the nearest whole number; and

ii.

No more than one and one-half (1.5) 24-hour periods per 100

surface acres per year in Walleye Lake Systems of less than 1,000 surface acres, excluding

tributaries, and rounded to the nearest whole number.

The Tribes shall maintain a running tally of the number of 24-hour periods in such permits for

each Walleye Lake System and, when the number of such 24-hour periods under all such permits

for a particular Walleye Lake System reaches the limit for that Walleye Lake System, the Tribes

shall cease issuing permits for the use of Impoundment Nets or Long Seines for that Walleye

Lake System.

Effort with Impoundment Nets and Long Seines in order to protect species of fish other than

walleyes.

The Tribes and the State may by mutual agreement provide for an alternative

mechanism to protect species of fish other than walleye in lieu of those provisions. A proposal

to adopt an alternative mechanism to protect species of fish other than walleyes in a particular

Walleye Lake System or Systems, including the supporting biological documentation and

proposed duration of the alternative mechanism, shall be made in writing and sent to the State

and all Tribes by July 1 of the year preceding the year in which the alternative mechanism is to

be implemented, or by such other date as may be mutually agreed upon by the State and the

Tribes. The Tribes and the State shall declare whether they agree to implement the proposal by

December 15 of the year the proposal was made. If the Tribes and the State agree to implement

the proposal, the alternative mechanism shall be used for the particular Walleye Lake System(s)

for which it was proposed for the agreed-upon duration or until changed by the State and the

Tribes under this Paragraph.

(d)

The permit system, running tally of walleyes authorized for harvest, and

running tally of 24-hour periods under Impoundment Net and Long Seine permits shall be

coordinated among the Tribes to ensure that the combined Tribal harvest of walleyes that is

authorized using Specially Regulated Fishing Methods does not exceed the Threshold Harvest

Level for a Walleye Lake System and that the number of 24-hour periods in which Impoundment

Nets or Long Seines may be used does not exceed the applicable limitation under Subparagraph

6.5(b).

(e)

In determining whether to cease issuing permits for a specific Walleye

Lake System, the Tribes may take into consideration reliable information regarding the actual

harvest of walleyes in a Walleye Lake System. Reliable information, with respect to Tribal

harvests with Specially Regulated Fishing Methods, as used in this Paragraph, is limited to:

(1) the release or cancellation of a permit before the effective date of the permit; (2) information

verified on-site by professional biological or law enforcement personnel; or (3) other information

as mutually agreed by the Tribes and the State. In issuing permits under the provisions of this

Paragraph 6.5, the Tribes may determine on a case-by-case basis the walleye bag limit of each

permit in order to best achieve Tribal management objectives.

6.6.

Permit Requirements under Threshold Level Procedures.

The permits

required under Threshold Level Procedures shall include the name of the Tribal member, the

date(s) and 24- hour period(s) during which the permit is effective, the Walleye Lake System for

which the permit is issued, and the walleye bag limit for each 24-hour period authorized under

the permit. The permits and the walleye bag limits shall be consistent with the management

objectives of the Tribal permit system and the Threshold Level Procedures. The Tribes shall

require their members to have such permits in possession when Fishing under the provisions of

the Threshold Level Procedures. The Tribes shall not issue more than one such permit per

member for use in any Walleye Lake System during a 24-hour period.

6.7.

Monitoring Harvest under Threshold Level Procedures. The Tribes shall

require that Tribal members report harvests using Specially Regulated Fishing Methods under

Threshold Level Procedures as a condition of receiving a fishing permit. The Tribes shall

provide an annual summary of those harvest reports to the State and all Tribes by January 31 of

the year following the harvests, or by such other date as may be mutually agreed upon by the

State and the Tribes. This annual summary shall include the number of permits issued and the

total number of fish harvested by species, gear type, and Tribe for each Walleye Lake System.

6.8.

Monitoring Fishing Activity under Threshold Level Procedures. The Tribes

shall monitor Fishing activity by Tribal members using Specially Regulated Fishing Methods

under Threshold Level Procedures as necessary to ensure compliance with Tribal Fishing

regulations and Tribal permits. The Tribes shall use professional biological or law enforcement

personnel when monitoring of Fishing activity is deemed necessary under this Paragraph 6.8. If

violations are detected, they shall be handled in accordance with law enforcement procedures

described in Section XXIV (Law Enforcement) of the Decree.

6.9.

Monitoring Fish Populations under Threshold Level Procedures. Biological

surveys of the population of Adult Walleyes are not required under Threshold Level Procedures.

VII.

7.1.

ALLOCATION-BASED PROCEDURES

Use of Allocation-Based Procedures. If one or more of the Tribes seeks to

authorize its members to use Specially Regulated Fishing Methods in a Walleye Lake System in

excess of the Threshold Harvest Level for that Walleye Lake System, or if one or more of the

Tribes seeks to authorize Fishing Effort with Impoundment Nets or Long Seines for species other

than walleyes in excess of the limitations set forth under Subparagraph 6.5(b) of this Protocol or

those adopted under Subparagraph 6.5(c) of this Protocol, then Allocation-Based Procedures

shall be used in that Walleye Lake System in accordance with this Section VII. The primary

goal of Allocation-Based Procedures is to protect fish populations from Overfishing so that

fishery resources are maintained in a healthy condition for the benefit of all current and future

State and Tribal users, while at the same time providing the Tribes and the State with flexibility

in managing Fishing activity of Tribal and State fishers and enabling the Tribes and the State

each to harvest a specific species of fish in a Walleye Lake System at up to 50% of the Total

Allowable Annual Exploitation Rate for that species .

7.2.

Objectives of Allocation-Based Procedures; Methods for Achieving

Objectives. As set forth above, the foremost objective of Allocation-Based Procedures is to

maintain the total annual exploitation rate of Adult Walleyes by Tribal and State-licensed fishers

in a Walleye Lake System at or below the Total Allowable Annual Exploitation Rate for that

Walleye Lake System. A second objective is to maintain the total annual exploitation rates of

other fish species in Walleye Lakes Systems at acceptable levels.

A third objective of

Allocation-Based Procedures is to enable Tribal members to harvest Adult Walleyes and other

species of fish using Specially Regulated Fishing Methods in a Walleye Lake System in excess

of the Threshold Harvest Level for that Walleye Lake System.

These objectives are

accomplished by: (1) determining the Total Harvest Level that can occur in a Walleye Lake

System in accordance with Section V of this Protocol, except that, if the estimated number of

Adult Walleyes is not based on a Michigan regression equation under Paragraph 4.1 of this

Protocol, an empirical population estimate under Paragraph 4.2 of this Protocol, or an alternative

method that does not require the application of a percentage reduction for the value of N in

Equation 3 when Fishing under Allocation-Based Procedures in Walleye Lake Systems of 1,000

surface acres or more (excluding tributaries) under Paragraph 4.3 of this Protocol, the value of

“N” in Equation 3 shall be 70% of the estimated number of Adult Walleyes for lakes of 1,000

surface acres or more (excluding tributaries) and 50% of the estimated number of Adult

Walleyes for lakes of less than 1,000 surface acres (excluding tributaries); (2) setting harvest

limits for Tribal members using Specially Regulated Fishing Methods and for State-licensed

fishers using other fishing methods, as set forth in Paragraph 7.4 of this Protocol; (3) completely

monitoring harvests to ensure compliance with such harvest limits, as set forth in Paragraph 7.6

of this Protocol; and (4) applying daily bag limits, possession limits, and size limits, as set forth

in Paragraph 11.3 of the Decree and Section VIII of this Protocol. In the event that the State or

one or more Tribes believe these methods are insufficient to protect walleye or other species of

fish in a Walleye Lake System, it shall propose additional methods to protect such fish, and the

State and the Tribes shall consult for the purpose of developing such methods as provided in

Paragraph 7.3 of this Protocol.

7.3.

Invoking Allocation-Based Procedures.

One or more Tribes may invoke

Allocation-Based Procedures for any individual Walleye Lake System by declaring its intention

to authorize the use of Specially Regulated Fishing Methods to harvest a number of Adult

Walleyes that exceeds the Threshold Harvest Level for that Walleye Lake System. Under

Allocation-Based Procedures, the Tribes may declare their intent to authorize the use of

Specially Regulated Fishing Methods to harvest up to 50% of the Total Harvest Level for a

Walleye Lake System, less a reasonable estimate (based on information obtained under

Subparagraph 7.6(b) of this Protocol) of the harvest by Tribal members using other fishing

methods.

The Tribe(s) shall notify the State of its intention to invoke Allocation-Based

Procedures on any Walleye Lake System by July 1 of the year preceding the year in which the

proposed harvests are to occur, or by such other date as may be mutually agreed upon by the

State and the Tribes. Upon delivery and receipt of such notice, the State and the Tribes shall

prepare to implement the Allocation-Based Procedures described in this Section VII, including,

if necessary, the development of methods to pr

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