Approved by Tribal Council 2/22/2017

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Inland Fishing

Regulations

Approved by Tribal Council 2/22/2017

Grand Traverse Band Natural Resources Department

2605 N. West Bayshore Drive

Peshawbestown, Michigan 49682

231-534-7500

Table of Contents

PURPOSE……………………………………………………………………………………………………………………….Page 1

SCOPE AND APPLICATION………………………………………………………………………………………………….Page 1

DEFINITIONS…………………………………………………………………………………………………………….…Pages 1-3

LANDS AND WATERS ON WHICH TRIBAL MEMBERS MAY EXERCISE INLAND ARTICLE 13 RIGHTS…….Pages 3-4

SPECIAL USE PERMITS……………………………………………………………………………………………………Page 4

INLAND FISHING REGULATIONS SUMMARY………………………………………………………………………….Page 5-10

FISHING LICENSES…………..…………………………………………………………………….Page 5

AGE LIMITS……………………………………………………………………………………..…..Page 5

RESTRICTIONS – IT SHALL BE UNLAWFUL TO:……………………………………………….Pages 5

METHODS AND GEAR……………………………………………………………………………...Pages 5-6

Hook and Line…………………………………………………..……………………………Page 5

Nets..………………………………………………………………………………………….Pages 6

Spearing…..…………………………………………………………………………………..Page 6

Ice Shanties..………………………………………………………………………………….Page 6

SPECIES AND LOCATION SPECIFIC RESTRICTIONS…………………………………………..Pages 7-8

Baitfish…………………………………..……………………………………………………Page 7

Walleye Systems…………………..……………………………………………………Page 7

Bay de Noc Tributaries………………..……………………………………………………...Pages 7

Salmon Restrictions ……………………………………………………………………..……..Page 7-8

Protected Steelhead Streams………………………………………………………………..…..Page 8

Black Lake Sturgeon Season………………………………………………………………...…Page 8

HARVEST REPORTING……………………………………………………………………………...Page 8

GREAT LAKES………………………………………………………………………………………..Page 9

EXCEPTION TO GENERAL REGULATIONS BY COUNTY…………………………..……………………………….Pages 9-10

SEASONS AND BAG LIMITS (See Tables 1 and 6)………………………………….………………………….……Page 10 and Centerfold

BIOLOGICAL ASSESSMENT AND MONITORING………………………………………………………………………Pages 10-11

POSSESSION AND USE FOR RELIGIOUS PURPOSES…………………………………………………………………….Page 11

GENERAL PROHIBITIONS…………………………………………………………………………………………………...Page 11

ENFORCEMENT……………………………….………………………………………………………………………………Page 11-12

FINES AND PENALTIES……………………………………………………………………………………………………Pages 12-13

MAPS OF REGULATED FISHING LOCATIONS…………………………………………………………………….……Pages 21-45

Table 1. TYPES 5, 6, AND 7 TROUT STREAMS DESCRIBED ……………………………………………………..……Page 14

Table 2. TYPE D TROUT LAKES………………………………………………………………………………………..…..Page 14

Table 3. PROTECTED TROUT STREAMS DESCRIBED………………………………………………………….………Page 15

Table 4. GENERAL FISHING RREGULATIONS SUMMARY………………...……….……………….Pages Centerfold 16-17

Table 5. SPECIALLY REGULATED FISHERIES SUMMARY………..……………………………………………….......Pages 18-19

SECTION 1: PURPOSE

These Regulations are intended to ensure the wise use and conservation of the inland resources for future generations; to provide an orderly

system for Tribal self-regulation regarding Tribal members’ exercise of their Inland Article 13 Rights; and to achieve compliance with the

Consent Decree entered November 2, 2007 by the United States District Court in United States v. State of Michigan, Case No. 2: 73 CV 26,

United States District Court for the Western District of Michigan (Inland Consent Decree).

SECTION 2:

SCOPE AND APPLICATION

These Regulations shall govern all Inland Article 13 Rights activities of Tribal members on lands and waters within the inland portion of the

1836 Ceded Territory. Pending further notice, Tribal members shall not exercise Inland Article 13 Rights in disputed areas lying generally

between the Ford and Escanaba Rivers in the Upper Peninsula or, as depicted in Exhibit A to the Inland Consent Decree, on the Thunder

Bay Peninsula in Alpena County.

SECTION 3:

DEFINITIONS

Amphibian - A cold-blooded, smooth-skinned vertebrate of the class Amphibia. Amphibians hatch as aquatic larvae with

gills and, in most species, then undergo metamorphosis into four-legged terrestrial adults with lungs for breathing air.

Artificial Fly - Any commonly accepted single hook wet and dry flies, streamers, and nymphs without spinner, spoon,

scoop, lip or any other fishing lure or bait attached. The fly or leader may be weighted but no weight shall be attached to

the fly or to the terminal tackle in a manner that allows the weight to be suspended from or below the hook.

Artificial Light: Any man made source of light.

Artificial Lure - Any manmade lure manufactured to imitate natural bait. Artificial lures include spoons, spinners, and

plugs made of metal, plastic wood and other non-edible materials. They also include plastic products made to resemble

worms, eggs, fish and other aquatic organisms.

Baitfish - Any legally taken and possessed fish (except sea lamprey, goldfish or any other exotic fish) used for catching

other fish.

Bow - A weapon constructed from wood, plastic, metal, or other material with a cord connecting the two ends when bent or

strung, and by means of which an arrow is propelled when drawn and released by hand.

Cased or encased - Storage of a firearm or bow in any device or case made to contain a firearm or bow so that no portion is

exposed.

Ceded Territory - All lands and waters ceded in the 1836 Treaty as described in Article First, that were not reserved in

Articles Second and Third of the 1836 Treaty, Article One of the 1855 Treaty, or are not now otherwise within Indian

Country, as set forth below: Beginning at the mouth of the Grand River of Lake Michigan on the north bank thereof, and

following up the same to the line called for in the first article of the Treaty of Chicago on the 29th of August, 1821, thence,

in a direct line, to the head of Thunder bay River, thence with the line established by the Treaty of Saginaw on the 24th of

September 1819, to the mouth of said river, thence northeast to the boundary line in Lake Huron between the United States

and the British Providence of Upper Canada, thence northwestwardly, following the said line, as established by the

commissioners acting under the Treaty of Ghent, through the straits, and river St. Mary’s, to a point in Lake Superior north

of the mouth of Githcy Seebing or Chocolate river, thence south to the mouth of said river and up its channel to the source

thereof, thence, in a direct line to the head of Skonawba river of Green Bay, thence down the south bank of river to its

mouth, thence, in a direct line, through the ship channel into Green Bay, to the outer part thereof, thence, south to a point in

Lake Michigan west of north cape, or entrance of Grand river, and thence east to the place of beginning, at the cape

aforesaid, comprehending all the lands and islands, within these limits, not hereinafter reserved. Refer to map.

CFA - Michigan’s Commercial Forest Act, Mich. Comp. Laws, § 324.51101 et seq.

Commercial Purposes - The harvesting of a natural resource in which the resource harvested, or any portion thereof, is

sold, but shall not include harvesting of a natural resource for personal use.

Crossbow - A device using a bow that, once drawn, is held solely by means other than the effort of the person firing it.

Dip Net: A net or wire mesh not exceeding 9x9 feet square that is raised and lowered vertically when fishing.

Endangered Species - Any species of wildlife or plant designated as rare or endangered by the Tribal Council, or the

United States Department of the Interior pursuant to 50 C.F.R. Part 17.

Enforcement Officer - Any Tribal conservation enforcement officer authorized by Tribal law or these Regulations to

enforce Tribal conservation regulations, or federal enforcement officers including Special Agents of the U.S. Fish and

Wildlife Service, or other persons authorized to enforce these Regulations under Section 11.01.

Fishing Activity - Fishing for, catching, taking, or attempting to fish for, catch or take, any species of fish from treaty

ceded waters, including all related activities which occur in or on the water, or immediately adjacent to the waters edge and

in the process of loading or unloading fish, nets, or related gear, in or from a boat or vehicle.

Fish – Any species of fish now or in the future present in the Ceded Territory which may be taken for subsistence.

Hand Net – A net or wire mesh bag of any circumference with a handle that can be lifted by one person.

Harvesting Activity - Hunting, Trapping, Fishing or Gathering or any combination thereof.

Impoundment nets - Trap nets or fyke nets, which are stationary nets attached to the bottom that capture fish by guiding

them into enclosures.

Inland Article 13 Rights - The right to hunt, and the other usual privileges of occupancy, secured by Article 13 of the 1836

Treaty of Washington, 7 Stat. 491, in the inland portion of the Ceded Territory. Subject to the provisions of these

Regulations, Inland Article 13 Rights include the rights of Tribal members: (i) to 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) to engage in other historically traditional

activities (such as the construction and use of sweat lodges); and (iii) to obtain assistance from non-Tribal members to

engage in the foregoing activities in accordance with the following principles:

General Principle 1. A Tribal member may engage in Hunting, Fishing, Trapping, or Gathering with any other person

who is not a member of an 1836 Treaty Tribe, provided that the non-member possesses a license from, and complies with,

the laws of the State of Michigan governing the subject activity.

General Principle 2. No Tribal member may be assisted in carrying out a usufructuary activity by a person who is not a

member of an 1836 Treaty Tribe, unless the non-member is the spouse, parent, grandparent, child, grandchild, or sibling of

the Tribal member, and the Tribal member is physically present during the activity.

General Principle 3. Permitted assistance by authorized non-members (as defined in General Principle 2) shall not include

using a Spear or other gear to harvest fish, using a firearm or Bow, setting or placing traps or snares, uprooting a plant, or

removing parts of plant from a plant left growing.

General Principle 4. Any person may assist a Tribal member holding a Disabled Hunter’s Permit, but shall not Hunt or

carry a firearm or Bow unless authorized to do so by Tribal or Michigan law.

Inland Consent Decree – The Consent Decree filed November 2, 2007 in the federal court litigation captioned United

States, et al. v. State of Michigan, et al. (File No. 2:73 CV 26, U.S. District Court for the Western District of Michigan,

docket entry 1799).

MDNR - The Michigan Department of Natural Resources, its successor entities, and those authorized persons or entities

acting on its behalf.

NRD or Natural Resources Department – The Grand Traverse Band of Ottawa and Chippewa Indians Natural Resources

Department.

Personal Use - The use of natural resources for direct personal or family consumption by Tribal members as food,

medicine, shelter, fuel, clothing, tools; or cultural, ceremonial or transportation purposes; making finished handicraft

articles or barter. For purpose of this section, the term:

“Family” means all persons related by blood, marriage, or adoption, or any person living within the household on a

permanent basis; and

“Handicraft articles” means articles produced, decorated or fashioned in the exercise of traditional Indian handicrafts

such as carving, weaving, beading, pottery, drawing or painting, without the use of mass copying devices; and

“Barter” means the exchange of natural resources or parts thereof for personal uses within and between Tribal

communities.

Regulations - These Regulations including any subsequent amendments and any separate Tribal conservation regulations

enacted by the Tribe.

Roadways - Any governmental or corporate roadways where vehicular traffic is not restricted and the roadway is routinely

used by the general public.

AA. Spear - Any hand, rubber or spring propelled spear.

BB. Stream - All rivers, streams, creeks and flowages.

CC. Targeting - Fishing, hunting, trapping, or gathering activity, which has the effect of catching or taking a specific species or

species of fish, wildlife, or plants.

DD. Threatened Species - A species at risk of becoming endangered as determined by official action of the Tribal Council or by

the United States Department of Interior.

EE. Transport or Transportation - Carrying or moving by any vehicle or vessel, causing to be carried or moved or attempting to

do so, or accepting or receiving wild animals, plants, or fish or any parts thereof.

FF. Treaty - The March 28, 1836 Treaty of Washington with the Ottawa's, 7 Stat. 491.

GG. Tribe - The Grand Traverse Band of Ottawa and Chippewa Indians.

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

II.

Tribal Court - The Court of the Grand Traverse Band of Ottawa and Chippewa Indians.

JJ.

Tribal License - A gathering, hunting, trapping, or fishing license issued by a Tribe to Tribal member, which is valid and

current.

KK. Tribal Members - Enrolled members of the Grand Traverse Band of Ottawa and Chippewa Indians except where the

context references enrolled members of one or more of the other Tribes.

LL. Waters - Inland Lakes and Streams.

MM. Wild animals - All creatures, not human, wild by nature, endowed with sensation, and power of voluntary motion, which

includes quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans, insects, and mollusks.

SECTION 4:

LANDS AND WATERS ON WHICH TRIBAL MEMBERS MAY

EXERCISE INLAND ARTICLE 13 RIGHTS

Tribal Members may exercise Inland Article 13 Rights, including hunting, fishing, trapping and gathering, on the following lands and inland

waters within the Ceded Territory in accordance with the provisions of this Section 4 and other applicable provisions of these Regulations:

4.01

General Public Lands and Waters.

Public Lands. Tribal members may exercise particular Inland Article 13 Rights on public lands that are open to the

public under federal or state law for the particular activity (e.g., hunting, fishing, trapping or gathering) subject to

other applicable provisions of these Regulations.

Waters Located on Public Lands. Tribal members may exercise Inland Article 13 Rights on waters located on public

lands that are open to the public under state or federal law for the particular activity (e.g., hunting, fishing, trapping or

gathering) subject to other applicable provisions of these Regulations.

Waters Open to the Public. See Section 4.05.

4.02

State, County and Municipal Parks, State Wildlife Refuges, Formally Designated State Wildlife Research Areas, and

Formally Designated State Fisheries Research Areas. Tribal members may hunt and fish in these areas where and at such

times when the parks, refuges, and research areas are open to the public for Hunting and Fishing under State law and members

must comply with applicable State restrictions while hunting or fishing in such areas.

4.03

Lands and waters owned by any of the Tribes, their members, or their members’ spouses, including leased lands and

waters that bestow an ownership interest in conformance with Michigan law. Tribal members may engage in hunting,

fishing, trapping and gathering activities on these lands and waters with permission of the owner/lessor subject to other

applicable provisions of these Regulations.

4.04

Commercial Forest Act (CFA) Lands and Waters. Tribal members may hunt, trap and fish on lands enrolled in the State’s

CFA program (including waters located on such lands) subject to the restrictions in this section. Tribal members may gather and

exercise other Inland Article 13 Rights on lands enrolled in the State’s CFA program (including waters located on such lands) in

accordance with the provisions of Section 4.06 below.

CFA Landholdings of Less than One-Thousand (1,000) Acres. The Tribe or Tribal members must obtain permission

from a CFA landowner in order to hunt, trap or fish on his or her CFA lands outside State seasons or methods if the

CFA landowner owns, in the aggregate, less than one-thousand (1,000) acres in the CFA program. If permission is

obtained, Tribal members may hunt, trap or fish on such lands subject to applicable provisions of these Regulations.

If permission is not obtained, Tribal members may hunt, trap or fish on such lands only during State seasons and only

with State-approved methods. Tribal members hunting on such lands during State seasons with State-approved

methods remain subject to other applicable provisions of these Regulations.

CFA Landholdings of More than One-Thousand (1,000) Acres. The Tribes or their members do not need to obtain

permission from a CFA landowner in order to hunt, trap or fish on his or her CFA lands outside State seasons or

methods if the CFA landowner owns, in the aggregate, more than one-thousand (1,000) acres in the CFA program.

Tribal members may hunt, trap and fish on these lands subject to applicable provisions of these Regulations.

Limiting Access. The 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, trapping and fishing by Tribal

members on CFA lands.

Vehicle use. Tribal members shall not use snowmobiles, all-terrain vehicles, or other motor vehicles on CFA lands if

such use is prohibited under State law.

Permission is not required to hunt, trap or fish on any CFA lands, regardless of size of total ownership, during State

seasons and with the use of State approved methods. Tribal members hunting, trapping or fishing on CFA lands

during State seasons and with the use of State approved methods remains subject to other applicable provisions of

these Regulations.

4.05

Other Waters Open to the Public for Fishing. Tribal members may fish in any other waters open to the public for fishing

under federal or state law, including such waters open to the public that are accessible through public access sites, rights-of-way

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

lessee. See separate publication entitled Public Rights to Fish and Hunt on Michigan’s Lakes and Streams: A Primer for

Michigan’s Indian Tribes.

4.06

Private lands and waters owned by non-Tribal members. Except as otherwise provided in Section 4.04 above regarding

CFA lands, Tribal members may exercise Inland Article 13 Rights on private lands and waters owned by non-Tribal members

(that is, any person or entity other than one of the Tribes, their members or their members’ spouses) subject to the following

provisions and restrictions as well as other applicable provisions of these Regulations:

Permission Required. Except as otherwise provided below, Tribal members must have permission from the

landowner or authorized lessee to exercise Inland Article 13 Rights on these lands and waters.

Limitation on Private Waters. In the case of private waters (that is, a non-navigable lake with no public access or a

non-navigable stream segment on a parcel or parcels of private property), the granting of permission by a riparian

owner must not violate the Michigan common law rights of any other riparian owner. See separate publication

entitled Public Rights to Fish and Hunt on Michigan’s Lakes and Streams: A Primer for Michigan’s Indian Tribes.

Permission Implied Under Recreational Trespass Act. During State seasons, permission for Tribal members to hunt,

fish and trap shall be implied on lands and waters open to the public for hunting, fishing and trapping under the

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

Requirements When Permission Not Implied. When permission is not implied under Section 4.06C above, Tribal

members hunting or trapping on these lands shall 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, and shall produce such written evidence or such name and phone number when requested to do so by an

Enforcement Officer.

Limitations on Hunting and Trapping. Hunting and Trapping on these lands is limited to those seasons and methods

available to State–licensed hunters and trappers, unless the Tribal member obtains a special needs subsistence or

ceremonial permit from the Tribe, which shall be limited in number, and in which case the Tribal member shall be

subject to the restrictions set forth in the permit as well as other applicable provisions of these Regulations.

Limitations on Fishing and the Exercise of Other Inland Article 13 Rights. Fishing and the exercise of other Inland

Article 13 Rights on these lands is subject to other applicable provisions of these Regulations.

SECTION 5:

SPECIAL USE PERMITS

In reviewing and taking action on a request for any Special Use Permit, the Tribe shall take into account the biological impact of the

harvest, and the Permit shall include such terms and conditions as may be necessary to protect the resource and ensure compliance with all

applicable law.

5.01

SPECIAL NEEDS SUBSISTENCE/CEREMONIAL PERMIT - Tribal members with special needs may request a permit

from the Natural Resources Department to harvest or otherwise take resources regulated or prevented by other sections of these

Regulations. The criteria for a Special Needs Permit include, but are not limited to, religious or ceremonial use in accordance

with the traditions and customs of the Tribe, personal/family hardship, and traditional feasts, ceremonies or celebrations. The

Tribal members shall have a valid Tribal license and request in writing a special needs permit (and associated tags as may be

necessary). A Tribal member with a special needs permit may use the services of another properly licensed Tribal member to

harvest a fish, in which case both the permittee and helper must be named on the permit. Special Needs Subsistence /

Ceremonial Permits will be valid only for the particular time period and location as specified on the permit.

SECTION 6:

INLAND FISHING REGULATIONS SUMMARY

6.01

FISHING LICENSES - Any Tribal member sixteen (16) years of age or older who fishes or attempts to take any fish, reptiles

or amphibians while having under his/her control or in his/her immediate possession any pole, reel, tip-up hand line, trap, club,

seine, net or spear, shall have in his or her possession a valid and current Tribal License.

6.02

AGE LIMITS

6.03

Any Tribal member sixteen (16) years of age or older who fishes within the Ceded Territory shall have in possession a

Tribal license.

No Tribal member under sixteen (16) years of age shall be required to possess a Tribal License to fish, take reptiles or

amphibians, or gather vegetation for personal use or use by his immediate family, however, those persons shall be required

to follow all applicable Tribal regulations.

RESTRICTIONS – IT SHALL BE UNLAWFUL TO:

Use explosives, drugs, poisons, lime medicated bait or other deleterious substances to take or attempt to take fish.

Drive or harass fish into nets.

Use firearms to take or attempt to take fish.

Use gill nets, trap nets, seines or gorge to take fish, except as allowed under 6.04(B) impoundment net regulations, and for

bait fish under Section 6.05 A.

Use a snag hook to take or attempt to take fish.

Wanton destruction or waste of fish.

Harass or impede another fisherman or boater.

Take fish for the sole purpose of egg (spawn) collection.

Possess any fish not hooked in the mouth while fishing with hook and line.

Sell flesh of fish from inland waters.

Sell bait fish without a Special Use Permit.

Fish within one-hundred feet (100’) of electrical lamprey control devices while in operation.

Fish within one-hundred feet (100’) of the lamprey control barrier on the Betsie River.

Fish in the Rock River (Alger County) from the dam to the lower foot bridge downstream from M-28 (T47N, R21W, Sec.

15) April 1-June 30.

Fish within three-hundred feet (300’) of any of the State’s salmon and steelhead egg collection weirs while in operation

including Swan Creek, Medusa Creek, Boardman River, Platte River, and Little Manistee River.

Spear in the following Upper Peninsula Streams- Chocolay River; Mosquito River; Big Two Hearted River; Little Two

Hearted River; and Anna River from its mouth upstream to the railroad crossing by Wagner Falls in Section 14, Township

46 North, Range 19 West.

Fish for Coho salmon within three-hundred feet (300’) of the lower weir on the Platte River as long as the State prohibits

harvests of Coho salmon in such Waters.

Possess live, dead or preserved bait, organic or processed food or scented materials on any of the stream segments or banks

of any type 5, 6 or 7 stream listed in Table 1.

6.04

Use a spear to harvest fish in State Designated “Type D” lakes listed in Table 2.

METHODS AND GEAR - The use of poles, rods, reels, tip-ups, hand lines, spears, bow and arrow, seines, nets, clubs and

hands are lawful for use while fishing subject to the following Regulations:

Hook and Line

Individual hook and line fishing is limited to four (4) lines per person with four (4) hooks per line. Ice fishing

is limited to seven (7) lines with four (4) hooks per line; except that there shall be no limit on the number of

hooks per line while fishing for smelt.

Trot line - One (1) trotline per license holder is allowed. The trotline shall be limited to five (5) hooks or

lures of which shall be size 4 or larger. Each trot line shall be clearly marked with a gallon buoy along with

the Tribal license number of the person who set the line. All trot lines must be checked daily.

Tip-ups - All tip-ups fished shall be identified by name of the Tribal member fishing the tip-up. It shall be

unlawful for Tribal member to leave a deployed tip-up unattended.

Gill nets - The use of gill nets is prohibited on all inland lakes and streams. *Exception- The use of gill nets

may be authorized via permit to harvest fish from a lake from which all fish will be eradicated as determined

by NRD or MDNR.

Impoundment (fyke/trap) nets - Tribal members may use impoundment nets subject to the following

restrictions:

Size and Type Restrictions

i. It shall be unlawful to use monofilament in any part of an impoundment net.

ii. The mesh size shall not be larger than three inch (3”) stretch mesh.

iii. Pots shall not exceed eight feet (8’) in length by five feet (5’) in width or six

feet (6’) in height.

iv. Leads shall not exceed one-hundred and fifty feet (150’) in length.

Nets

Fyke Net Example:

Marking - Each Impoundment Net used by a Tribal member for fishing shall have the end

of the lead, the ends of any wings used and the pot marked with, at a minimum, gallon

sized buoy displaying the member’s Tribal affiliation and Hunting/Fishing License

number.

Lake use only

i. It shall be unlawful to use impoundment nets in streams except when

harvesting burbot in accordance with Section 6.04.B.2.c.ii below.

ii. Impoundment nets may be used to harvest Burbot on AuTrain River in Alger

County from AuTrain Lake to the mouth from December 15 th to the end of

February with an authorized permit.

Permits - Tribal members shall obtain and possess a valid permit prior to setting any

impoundment nets.

i. All permits must be requested and authorized a minimum of twenty-four (24)

hours prior to setting the nets.

ii. Each permit will specify a bag limit, a time period for which the permit is

valid and a lake system for which the permit is valid.

Privately-owned bottom lands of lakes open to the public. Tribal members intending to

fish impoundment nets should review Section VII.e. of the Inland Consent Decree and

the separate publication entitled Public Rights to Fish and Hunt on Michigan’s Lakes and

Streams: A Primer for Michigan’s Indian Tribes (especially notes 71-72).

Trap Net Example:

Seines - Tribal members may use seines subject to the following restrictions:

Size restrictions

ii.

Short seines - a seine used that is less than twelve feet (12’) in length and no

more than four feet (4’) in depth.

Long seines - any seine or combination of seines that is over twelve feet (12’)

in length but no larger than thirty feet (30') and no more than four feet (4 ') in

depth.

Monofilament- it shall be unlawful to use Seines constructed of monofilament that

exceed one and one-half inch (1.5”) stretch mesh size.

Lake use only.

Purse seines - It shall be unlawful to use any size purse seine.

No Tribal member shall use long seines in streams unless in possession of a Special Use

Permit described in 6.04 B 3 f below, provided that Tribal members may use short seines

to take minnows for personal use in non-trout streams.

Special Use Permit- A limited number a special use permits may be issued for the use of

long seines in streams between December 1 and March 31.

Spearing - Tribal members may use spears subject to the species specific restrictions found in the pike/muskellunge,

walleye, trout, salmon, sturgeon, and steelhead sections of these Regulations, general closures and the seasons for

harvest, daily creel limits, and possession limits may be found within the Specially Regulated Fisheries Summary

(Table 5). The Tribal licensee shall be required to submit harvest reports in accordance with Section 6.06 HARVEST

REPORTING. Exception; spearing through the ice is allowed following Regulations summarized in the General

Fishing Regulations Summary (Table 4) and does not require harvest reporting as with open water spearing.

Fixed ice shanties must have the owner's name and address permanently affixed on all sides with letters at least three

inches (3”) high. Shanties must be removed when the ice is unsafe but no later than March 15.

6.05

SPECIALLY REGULATED SPECIES AND LOCATIONS

Baitfish - Minnows for personal use may only be taken with hook and line, seines, dip nets, and minnow traps with a

valid fishing license except that:

Seines - Seines shall not be used to take minnows from trout streams or from Big Glen Lake (Leelanau

Co.), Hatlem Creek. (Leelanau Co.).

Gear restrictions - Seines used to harvest minnows must not be over twelve feet (12’) by four feet (4’).

Commercial Harvest – Under Special Use Permit Only.

Walleye Systems

Hook and line seasons (no permit required)

Upper Peninsula – May 15 through March 30

Lower Peninsula – Last Saturday in April through March 30

Restricted Fishing Methods (permits required)

Upper Peninsula – April 1 through May 14.

Lower Peninsula – March 15 through the Friday before the last Saturday in April.

The use of spears, bows, or hook and line during the above seasons on Walleye Systems or the

use of impoundment nets or long seines at any time shall require the obtaining and possession

of a valid permit prior to engaging in any of the above mentioned methods of harvest.

Application time period-All spearing, bow or hook and line permits must be requested and

authorized a minimum of eight (8) hrs prior to engaging in the activity and all impoundment

and long seine permits must be requested and authorized a minimum of twenty-four (24) hrs

prior to engaging in the activity.

Each permit will specify a bag limit (not to exceed 10 fish), specific method of harvest (spear,

impoundment, etc.), a time period for which the permit is valid and a lake system for which the

permit valid.

Size limit - fourteen inches (14”). Walleye speared under the minimum size must be retained as

a part of the daily bag limit without penalty to the fisher.

Bay de Noc Tributaries

General Hook and Line (no-permit) Season - May 15 through March 14.

Regulated Fishing Methods- The following walleye restrictions shall apply to the streams listed

Section 6.05.E.2. e. below.

Regulated Fishing Methods permit Season (hook and line/spearing) -A valid permit shall be

required prior to any harvest of walleye with a hook and line between March 15 and May 15 or

at anytime with the use of a spear.

Application time period - All spearing, bow or hook and line permits must be requested and

authorized a minimum of eight (8) hrs prior to engaging in the activity.

Each permit will specify a bag limit (not to exceed 10 fish), specific method of harvest (spear,

hook and line, spear dip net, etc.), a time period for which the permit is valid and tributary for

which the permit is valid.

Permits shall be specific to method harvest and shall not include more than one type of harvest.

Bay de Noc Tributaries open to Regulated Fishing Methods permit harvest include the

following:

Delta County: Sturgeon River, Escanaba River, Days River, and the Rapid River.

ii)

iii)

iv)

Size limit - fourteen inch (14”) minimum. Walleye speared under the minimum size

must be retained as a part of the daily bag limit.

Daily creel limits - ten (10) per day.

Field possession limit- ten (10) fish.

All other Bay de Noc Tributaries closed to spearing or hook and line fishing

between March 15 and May 15.

Salmon Restrictions

Torch Lake - It shall be unlawful to spear Atlantic salmon in the Torch Lake watershed.

Little Manistee River

Use of Spears, bows, dip nets or hands for Chinook Salmoni.

ii.

Hook and Line- It shall be unlawful to fish (hook and line) from September 6 through October 15 in

southern end of Manistee Lake area defined by a line extending from a squared red post located onehundred feet (100’) 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 shall be closed, unless the MDNR meets its egg take quota for

the year, at which time the fishing closure may be rescinded for the current year. Please contact the

Natural Resource Department for more information.

Protected Steelhead Streams (see Table 3, Table 5, and Table 6) and maps for descriptions). The following

steelhead (rainbow) trout restrictions apply to Protected Steelhead Stream Segments (highlighted yellow in maps):

Restrictions –

Tribal members attempting 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 three-hundred feet

(300’) downstream from the Little Manistee River Weir with the use of a spear, bow and arrow, dip

net or their hands during a period beginning September 1 and ending November 14 shall be required

to obtain in advance and then keep in their possession while fishing a valid permit. A limited

number of permits will be available on an annual basis.

Spearing shall be prohibited in the vicinity of the Little Manistee River at its confluence with

Manistee lake- The area closed is defined by a line extending from a squared red post located onehundred feet (100’) 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.

Hook and line Seasons- Upper Peninsula Stream Segments - Last Saturday in April through March 30.

- Lower Peninsula Stream Segments - Last Saturday in April through March 14.

Spearing Season-Spearing for Steelhead (rainbow trout) - Steelhead may be harvested via a spear with a

valid Tribal permit from April 1 through April 15 only.

Size limit - sixteen inch (16”) minimum

Daily creel limits- three (3) per day

Field possession limit- twice the daily creel limit.

Permits - Tribal members shall obtain and possess a valid permit prior to spearing steelhead in Protected

Streams.

Black Lake Sturgeon Season (See Table 5)

Permits will be drawn by GTB-NRD at the December Tribal Council meeting.

To apply contact GTB-NRD by phone, email, or visit from Nov 1st to Dec 15th.

Harvest must occur within Black Lake, fishing activity within the Black River is strictly prohibited.

Harvest must be immediately reported to and check by GTB-NRD personnel.

Season: January 1st to December 31st.

Methods: Spearing through ice or open water and hook and line fishing.

Catch and release fishing is prohibited. You must keep the first fish that is caught.

Tag may be used by a Tribal member’s spouse provided they are a member of the tribal members’ tribe.

Tribal elders and handicapped tribal members may designate another tribal member of the Grand Traverse

Band, Little River Band, or Little Traverse Bay Band to harvest for them.

10) For Otsego Lake sturgeon fishing (no permit required) please see Table 4.

been stocked in you

6.06

6.07

HARVEST REPORTING - In addition to the Tribal License required by this section, Tribal members are also required to

obtain and submit complete harvest reports for the harvest of the species of fish listed below with a crossbow, spear, club, hands,

dip net, trot line or bow fishing equipment. Except that Tribal members will not be required to submit harvest reports or fish

reports for fish speared through the ice.

Harvest reports must be obtained from and submitted to the Natural Resource Department upon the harvesting of walleye,

northern pike, muskellunge, salmon, trout (including steelhead and brook trout) via the use of spear, club, short seine,

hands, dip net, crossbow, trot line or bow and arrow.

Harvest reports shall indicate the body of water where the harvest took place, date of harvest, and number harvested for

each species.

Harvest reports shall be submitted within seven (7) days of harvest date.

GREAT LAKES - Great Lakes Article 13 Rights are governed by the 2000 Consent Decree and corresponding Regulations of

the Chippewa-Ottawa Resource Authority (CORA). The 2000 Consent Decree applies to the Great Lakes and the connecting

waters of the St. Mary’s River, and specifies two types of non-commercial fishing in the Great Lakes.

SECTION 7:

Recreational Fishing - Tribal members may engages in recreational fishing activities in the 1836 Treaty waters

of the Great Lakes in conformance with State recreational fishing rules without a license, so long as the Tribal

members have a membership identification card in their possession. Tribal members in possession of an Tribal

inland fishing license may follow the seasons, bag limits, and size limits for the species listed in Table 4,

provided that legal methods of harvest include hook and line, spears, bowfishing equipment, dipnets and seines.

Any other netting will be regulated under Subsistence Fishing below.

Subsistence Fishing - Tribal members must obtain a Great Lakes subsistence fishing license from the Tribe if

fishing activities in the Great Lakes and St. Mary’s River include netting, spearing or other activities not

authorized by State recreational fishing rules. Subsistence fishers may not possess more than one hundred (100)

pounds round weight aggregate catch of all species. Subsistence fishing in the Great Lakes with gill nets or

impoundment nets requires a Tribal permit; and subsistence gill netting is limited to one (1) net of three hundred

(300) feet or less per vessel per day, except that in the St. Mary’s River the limit is one hundred (100) feet in

length. See the 2000 Consent Decree (Sections V and XII) and corresponding CORA Regulations for other

applicable restrictions.

Exceptions to General Regulations by County

Some water bodies have special regulations that differ from the

General Fishing Regulations (Table 4), and Specially Regulated

Fisheries (Table 5). These regulations are put in place to better

manage fisheries for their health and sustainability. The following is

a list of waters, organized by county, with special regulations that

are NOT included in the General and Specially Regulated

regulation tables and Section 6.05.

fishing Apr. 1 - May 14.

Black L. and tributaries no commercial minnow take;

fishing for sturgeon is strictly prohibited except through

a limited permit lottery. Apply Dec 1 – Jan 1 with GTBNRD.

Douglas L. Pike Marsh closed to fishing when marsh is

in operation.

Chippewa:

Potagannissing R. from Potagannissing Dam

downstream to Maxton Rd. (T42N, R6E, S15) closed to

fishing Mar. 16 - May 14 and is closed to the take or

possession of northern pike from April 15th to May 15th.

L. Huron and St. Marys R., yellow perch minimum

size is 7".

Alger:

Rock R. closed to fishing from dam to lower foot

bridge downstream from M-28 Apr. 1 - Jun. 30.

Duck and Echo Lks. (Grand Island), catch-and-release

on smallmouth bass.

Kingston L. closed to pike and muskellunge spearing

Clare:

Alpena:

Budd L. closed to pike and muskellunge spearing

Fletcher Floodwaters closed to pike and muskellunge

spearing

Crawford:

Wakeley L. open season Jun. 15 - Aug. 31, catch-andrelease fishing with artificial lures only.

Jones L. open season Jun. 1 - Sep. 30, catch-and-release

fishing with artificial lures only.

Antrim:

Intermediate R. closed to fishing from Bellaire

Dam to M-88 Bridge Apr. 1 - May 14.

Torch L. Closed to Atlantic salmon spearing.

Delta:

Benzie:

Little Bay de Noc north of a line drawn from

Peninsula Point Lighthouse to the mouth of the

Bark R.; no more than 1 walleye 23" or greater

in daily possession limit.

Rapid R. Borrow Pit (Stockyard Pond, T40N, R21W,

S5) closed to fishing all year.

Dana L. closed to pike and muskellunge spearing

Platte R. closed to fishing within 300 ft. of upper

(hatchery) weir whenever weir is in place and

closed within 300 ft. of lower weir whenever

weir is in place; closed to fishing from US-31

bridge at Veteran’s Park downstream to Platte L. Jan. 1

– Mar. 31.

Betsie R. closed to fishing all year within 100 feet of

lamprey barrier and fish passage facility (T25N, R15W,

S2).

Grand Traverse:

Boardman R. closed to fishing whenever weir is

in place from 300’ above to 300’ below.

Arbutus and Spider Lks. largemouth and smallmouth

bass minimum size limit is 10".

Charlevoix:

Medusa Cr. and area of L. Michigan for a radius

of 100’ of mouth closed to fishing when weir is

in place.

On L. Michigan, within one-half mile

of the following islands of the Beaver Island

Archipelago: Beaver, Garden, High and Hog

the possession season for largemouth and

smallmouth bass is Jul. 1 - Dec. 31.

Kalkaska:

Cub L. (T27N, R5W, S19) largemouth and

smallmouth bass minimum size limit is 10".

Kent:

Campau L. and Murray Lake closed to pike and

muskellunge spearing

Cheboygan:

Lake:

Cheboygan R., Indian R., or Black

R. unlawful to fish from Apr. 1 - Jun. 15 with

spear, bow and arrow, crossbow, dip net or gaff.

Black R. between Kleber Dam and Red

Bridge (T35N, R1E, S5) unlawful to fish in any

manner during Oct.1 - Jun. 15. Lower Black R.

from Alverno Dam down to Mograin Bridge, no

Big Bass L. (T20N, R14W, S34) largemouth and

smallmouth bass minimum size limit is 10".

Leelanau:

North Manitou L. bass minimum size limit is

18", the possession limit is 1; fishing restricted to

artificial lures only; Florence L. (S. Manitou Is.) fishing

restricted to artificial lures only

Big Glen L. and Hatlem’s Cr. No person shall take or

attempt to take minnows for personal use

motorized vehicle on the access road leading

from US-23 to the Grand L. Pike Marsh during

Mar. - May, closed to fishing whenever marsh is

operating.

Rainy R. from confluence with Black

L. upstream to N. Allis Rd. Bridge (T35N, R2E,

S15) closed to fishing Apr. 1 - May 14.

Shuberts Cr. (Monaghan Cr.) from Long L. upstream

to Clinton Cr. Rd. (T33N, R7E, S14), closed to fishing

Apr. 1 - May 14.

Luce:

Unlawful to launch or retrieve motorized vessel

(greater than 5 horsepower) from state land on

the E. Branch Fox R. from M-28 to the mouth

of Cold Cr.

Tahquamenon R. and tributaries

(upstream from Upper Falls) muskellunge

minimum size limit is 38".

Round (North Manistique) closed to pike and

muskellunge spearing.

Roscommon:

Backus Cr. from confluence with Cut R.

upstream to Little Mud L. Dam closed to fishing

Mar. 23 - Apr. 23.

Cut R. from confluence with

Backus Cr. upstream to outlet at Marl L. closed

to fishing Mar. 23 - Apr. 23.

Mackinac:

Mackinac, Shephard, and Flower Bays closed

to fishing Mar. 15 - May 14.

L. Huron yellow perch minimum size is 7".

Manistee:

Schoolcraft:

Little Manistee R. 300’ above and below the DNR weir

is closed to fishing all year.

South end of Manistee L. (south of a line from red post

100 ft. south of boat launch on east side of lake to a red

post near south end of Packaging Corp. on west side of

lake), closed to fishing Sep. 6 - Oct. 15 or to when the

quota of Chinook eggs has been taken.

Grassy L. and McKeever L. closed to pike and

muskellunge spearing.

Seney National Wildlife Refuge waters have

limited fishing, contact Refuge office (906-5869851). On the Big Island Lakes Complex (Big

Island, Bluegill, Byers, Center, Cucumber,

Coattail, Farm (Blush), Jarr, Klondike, McInnes,

Onega, Pear, Mid, Nevilles, Townline, Upper, and

Vance lakes) no wheeled or motorized vehicles

(including electric or outboard motors) are allowed;

artificial lures only; no spearing, no netting, and use

of live bait prohibited; muskellunge and northern

pike open season May 15 - Nov. 30, minimum size

limit 42", and possession limit is 1 northern pike;

muskellunge (including tiger muskellunge) is limited

to 1 fish per year per angler and anglers must have a

muskellunge harvest tag to harvest a muskellunge

(see p. 9); bass fishing is open from Sat. before

Memorial Day - Nov. 30, minimum size limit 18",

and possession limit is 1; perch, bluegill, and

pumpkinseed open season is from last Sat. in Apr. –

Nov. 30, possession limit is 5 fish in combination; all

other fish no open season. Unlawful to launch or

retrieve motorized vessel (greater than 5

horsepower) from state land on the E. Branch Fox

R. from M-28 to the mouth of Cold Cr.fish

Marquette:

Bass, Engman Lks, Middle Br. and Mainstem

Montmorency:

Fletcher Floodwaters closed to pike and muskellunge

spearing.

Newaygo:

Baptist L., no possession of walleye, channel

catfish, flathead catfish or bullheads;

Brush and Sand Lks. no possession of channel catfish,

flathead catfish or bullheads.

Oceana:

Silver L. and all tributaries, no person shall take or

attempt to take minnows.

Otsego:

Otsego L. Pike Marsh closed to fishing

whenever marsh is in operation.

Presque Isle:

Clinton Cr. closed to fishing Apr. 1 - May 14.

Grand L. Pike Marsh unlawful for any person

other than state employee to use or operate a

SECTION 7:

SEASONS AND BAG LIMITS

7.01

See Table 4 (Centerfold) for General Fishing Regulations Summary.

7.02

See Table 5 for Specially Regulated Fisheries Summary.

7.03

Maps and Descriptions of Regulated Fishing Locations are intended to support Tables 5 and 6 in further defining the

Regulations and requirements for the harvest of particular species during seasons normally closed to fishing.

SECTION 8:

BIOLOGICAL ASSESSMENT AND MONITORING

8.01

Biological Assessment. The Natural Resource Department may require that fur bearers, Gaachiinhi-Eweesi’ek (small game),

M’didaa-E’weesi’ek (big game), migratory birds, fish, reptiles, amphibians or the habitats of any of them within the Ceded

Territory be subject to reasonable biological assessment. The purpose of such assessment is to insure long range management of

these species and their environs, or changes to the existing Regulations or any future Regulations as necessary to foster such

preservation and management.

8.02

Assessment Permits. The Natural Resource Department may authorize a Tribal member to assist with or perform an assessment

to assist the Tribe in gathering natural resource data to better help manage the resource more effectively. The Tribal member will

be required to have a valid Tribal License and have in his/her possession at all times a duly authorized assessment permit while

conducting such assessment.

8.03

Scientific Collectors Permit. The Natural Resources Department may issue its employees collector’s permits for the purpose of

conducting biological assessments.

8.04

Monitoring. It shall be the duty of the Tribal biologist to monitor all take and harvest of E’weesi’ek (game), fish, fur bearers,

migratory birds, reptiles, amphibians, plants and the natural growth through the receipt of catch reports, through E’weesi’ek

(game) bag checks, patrols, jawbone retrieval and mail surveys.

8.05

Emergency Action. The GTB Natural Resources and Environment Committee (NREC) may take or enact emergency measures

in order to preserve the rights or resources of the Tribe and its members. This may include but not be limited to shortening or

closing seasons, reducing bag limits and/or similar methods. The NREC and NRD will make efforts to coordinate emergency

actions with the Tribes, State, and federal government as needed to preserve rights or resources.

8.06

Technical Amendment. The NREC may make technical amendments to this document as needed for the protection of the

resources addressed herein.

SECTION 9:

POSSESSION AND USE FOR RELIGIOUS PURPOSES

9.01

No wild animal shall be taken, or plant or mineral gathered, by any Tribal member for any purpose except as generally allowed

for in these Regulations or by the Special Use Permit issued by the Tribe.

9.02

Nothing in these Regulations shall be construed to prohibit the possession or use of any species of plant or animal by a Tribal

member for spiritual practices.

9.03

If a Tribal member finds a dead eagle, hawk, fur bearer, or any Threatened or Endangered Species, the member shall report the

finding as soon as possible to the Natural Resources Department. The member should direct the appropriate Tribal authority to

the place where the carcass was found. A conservation enforcement officer shall take a sworn statement from the Tribal member

regarding the circumstance under which the carcass was found. If the conservation enforcement officer or appropriate Tribal

authority is satisfied that the Tribal member was in no way involved in the intentional taking of the animal, the Tribal member

may either keep the carcass or any part of it for spiritual practices or donate it to the Tribal repository, provided such action does

not violate any applicable federal law.

9.04

To the extent determined permissible under applicable federal law, the Tribe may maintain a repository to keep parts of eagles,

hawks, furbearers, and any protected species either taken in violation of these Regulations or other applicable Tribal law. Tribal

members may request in writing animal parts from the repository for spiritual practices. The Tribe has developed regulations to

process such requests so that items in the repository can be distributed to Tribal members in a fair and efficient manner. The

Tribe may issue possession licenses if needed to protect Tribal members from non-Tribal law enforcement agencies.

SECTION 10:

10.01

GENERAL PROHIBITIONS

It shall be unlawful to:

Exceed established limits or seasons; utilize prohibited means of taking E’weesi’ek (game), fish, reptiles, amphibians; or

violate any other terms or conditions contained in any Special Use Permit.

Refuse to produce a license, permit, tag or other identification upon the request of an authorized officer.

Refuse to consent to any inspection or search with probable cause as authorized in Section 10.06.

Harass or interfere with any licensed person fishing, hunting, trapping or gathering or any duly authorized biological staff

while in the performance of their duties.

Fail to make a reasonable effort to recover dead or wounded fish, game or migratory birds.

Engage in wanton destruction of game, migratory birds or fish.

SECTION 11:

ENFORCEMENT

11.01

Grand Traverse Band conservation enforcement officers are “Tribal law enforcement officers” or “Tribal officers” within the

meaning of the 2007 Inland Consent Decree. Grand Traverse Band conservation enforcement officers, law enforcement and/or

conservation enforcement officers of one or more of the other Tribes with whom GTB has entered into a cooperative

enforcement agreement, conservation officers employed by the State of Michigan (if the prerequisites stated in the 2007 Inland

Consent Decree have been satisfied), and federal law enforcement and/or conservation enforcement officers (collectively,

“authorized officers”) are authorized to enforce the provisions of these Regulations. Violations of these Regulations shall be

processed through the GTB Tribal Court.

11.02

Citations of alleged violations of these Regulations from non-GTB “authorized officers” shall be transmitted to GTB’s Chief

Warden prior to being referred to GTB Prosecutor.

11.03

Grand Traverse Band conservation enforcement officers are also authorized to carry firearms in the performance of their duties.

11.04

Grand Traverse Band conservation enforcement officers may stop any person suspected of committing an offense under these

Regulations to determine whether the person is a Tribal member. If necessary, any person stopped may be detained until he or

she exhibits a license and identification, consistent with the stipulation of the parties and order entered by the federal court.

11.05

Authorized Officers may detain any person(s) committing an offense and may seize or confiscate any fish, game, furbearers,

wild animals, their parts or hides and/or any vehicles, vessels, firearms, bow, traps, nets, lines or any other associated

paraphernalia used in committing the offense. All seized or confiscated material taken under this part shall be held as evidence

according to applicable Tribal law enforcement policies or turned over to the Tribal Court.

11.06

Search and Seizures A.

Authorized officers may, without a search warrant, search any aircraft, watercraft, motorized vehicle, box, game animal,

fish, bag, locker, tool box, ice chest, camper, camper shell, trailer, backpack, bedroll, sleeping bag, or other container or

package if the officer has probable cause to believe that wildlife or parts thereof taken in violation of these Regulations or

the instrumentalities of such illegal taking, are contained therein, and that such evidence will not be available absent

immediate action.

Authorized officers may inspect all wild animals or parts thereof taken, possessed, or transported within the Ceded

Territory, and may seize as evidence all wildlife that such officer has probable cause to believe has been taken, possessed,

or transported in violation of these Regulations, and any object that the officer has probable cause to believe has been

used as the instrumentality of such illegal taking, possession, or transportation.

For all property seized as evidence, the authorized officer shall make an inventory and provide a copy to the person from

whom the property was taken. After the final disposition of the case, a hearing shall be held by the Court to determine the

disposition of all property taken as evidence. Upon satisfactory proof of ownership, property taken as evidence shall be

returned to the owner, except for contraband which shall be disposed pursuant to Tribal policy.

SECTION 12:

PENALTIES, FINES, RESTITUTION AND JURISDICTION

12.01

Any licenses or permits authorized by this Code may be suspended or revoked by the Tribe, acting through the Tribal Court.

12.02

Any violation of these Regulations regarding gathering, season, bag and creel limits, or restrictions on method or matter of

gathering, or taking E’weesi’ek (game) or fish shall be tried before the Tribal Court under such procedures as are prescribed by

the Court Rule or Tribal law.

12.03

Civil Infractions. Except for the provisions of Section 11.04, violations of these Regulations are civil in nature. Violations

may be punished by suspension or revocation of the fishing, hunting, and/or trapping license or any permit(s) of the violator,

assessment of a fine not more than $1000, assessment of community service hours, forfeitures as set forth in Section 11.07,

and/or restitution as set forth in Section 11.08.

12.04

Criminal Offenses. It shall be a criminal offense for any person over whom the Tribe may assert criminal jurisdiction to:

Assault, resist, oppose, impede, intimidate, bribe, and attempt to bribe, or interfere with an authorized officer engaged in

enforcing these Regulations.

Violate any license or permit suspension or revocation order.

Violate any court order.

Fail to report any injury to or death of any person resulting from the actions of any person taking or attempting to take any

wildlife, game, fish or furbearer. Every possible assistance shall be rendered to the injured person prior to reporting the

incident to the nearest law enforcement agency.

Molest, disturb or appropriate any wild plant, wild fish, or carcass thereof, which has been lawfully reduced to possession

by or is otherwise owned by another.

Damage or steal any nets, stands, traps or gear belonging to another hunter, fisher or trapper.

Conspire or agree with another person or persons that they or one or more of them will engage in conduct which constitutes

a crime.

Conspire or agree to aid another person or persons in the planning or commission of such crime or of an attempt to commit

such crime.

Fail to obey the hand, voice, emergency light, visual or audible siren signal of a Tribal Conservation Officer or other

authorized officer.

Elude, knowingly flee or attempt to evade an authorized officer following a visible or audible signal to stop. A visible or

audible signal under this section may include the use of hands, voice, emergency lights or sirens.

Use unjustified force, violence or threaten the use thereof on an authorized officer for the purpose of interfering or

influencing the performance of an official duty.

Fail to consent to any search with probable cause as authorized in Section 10.06.

Take any Threatened or Endangered Species except as authorized by these Regulations.

Engage in fraud or perjury in procuring a Tribal license or permit.

12.05

Violation of Section 12.04 may be punished by a fine not more than $5,000.00, by imprisonment for not more than one (1) year,

by performance of community service hours, and/or by any combination of such fine, imprisonment and community service.

12.06

The criminal penalties shall be in addition to any forfeiture or restitution assessed.

12.07

Forfeiture. Any person convicted of any violation of these Regulations may, at the Court’s discretion, have any materials

seized in accordance with Section 11.06, permanently forfeited in addition to any other fines or penalties imposed by the Tribal

Court.

12.08

Restitution. Any person convicted of any violation of these Regulations may, at the Court’s discretion, be charged the cost of

providing equitable restitution to the Tribe for the damage caused by each violation in addition to any other fines or penalties

imposed by the Tribal Court. A person found liable for an infraction, upon a charge of illegal taking, killing, or possession of a

plant, fish, migratory bird, or wildlife creature, may be ordered to reimburse the Tribe for each plant, fish, migratory bird, or

wildlife creature, in an amount not to exceed the following:

SPECIES

Sturgeon, Grayling, any Endangered or Threatened

Species

Muskellunge, Tiger muskellunge

Lake trout, brown trout, rainbow trout, brook trout,

largemouth bass, smallmouth bass,

walleye, northern pike, whitefish, menominee whitefish

Any fish or e’weesi’ek (game) animal not named

$1000

$100

$50

$25

12.09

Member Responsibility. It shall be no defense in any criminal or civil prosecution under these Regulations pertaining to

hunting, fishing, trapping, or gathering for a Tribal member to claim a lack of awareness or understanding of law or regulations.

12.10

Federal Prosecution. Although these Regulations govern Inland Article 13 Rights activities upon federal lands, federal

prosecution may be pursued for other violations of federal law.

12.11

State Prosecution. Prosecution in State Court of alleged safety zone and trespass/recreational trespass violation (authorized by

section 24.3 of Consent Decree) shall not preclude enforcement in Tribal Court of similar infractions proscribed in these

Regulations.

12.12

State Jurisdiction Preempted. It shall not be a defense to any civil infraction or criminal offense under this chapter that the

alleged activity may be lawful under state law.

12.13

Repeat Offenses. Repeat offenders may be fined up to $5,000 and/or lose their hunting, trapping, fishing or gathering license(s)

for specified periods of time as deemed appropriate by the Tribal Court.

12.14

Formal complaint process. Any Tribal member may file a formal complaint of unprofessional conduct against any Tribal or

State conservation enforcement officer. Forms for filing formal complaints may be obtained from the Natural Resource

Department.

Table 1. Types 5, 6 & 7 Trout Streams Described

County

Streams

Type 5 Stream Segments:

Crawford…………………………..AuSable Mainstream, from Burton’s Landing downstream to Wakeley

Bridge, Manistee River, from M-72 downstream to CCC Bridge; North

Branch AuSable River, from Sheep Ranch downstream to confluence

with Mainstream, South Branch AuSable River, from Lower High

Banks downstream to confluence with Mainstream.

Kalkaska…………………………..Manistee River, from M-72 downstream to CCC Bridge.

Lake………………………………..Little Manistee River, from Spencer’s Bridge (T19N, R13W, Sec. 5)

downstream to Johnson’s Bridge (T20N, R14W, Sec. 24).

Type 6 Stream Segments:

Delta ………………………………Escanaba River, from Boney Falls Dam downstream to mouth of Silver

Cr. (T40N, R23W, Sec 11).

Type 7 Stream Segments

Crawford…………………………...South Branch AuSable River, from Chase Bridge downstream to

Lower High Banks.

Lake………………………………..Pere Marquette River, from M-37 downstream to Gleason’s Landing

(T17N, R13W, Sec. 18).

Table 2. State Trophy (Type D) Trout Lakes Described

County

Lakes

Cheboygan…………………………Hemlock Lake

Luce………………………………. Deer Lake, Moon Lake, Sid Lake

Marquette…………………………. Keyhole Lake (East), S. Kidney Lake (T45N, R26W, Sec 28), Pauls

Lake (North), Pauls Lake (South), Rockingchair Lake (North),

Rockingchair Lake (South), Strawberry Lake

Otsego………………………………Ford Lake, Lost Lake, North Twin Lake, Section Four Lake,

South Twin Lake, West Lost Lake

Schoolcraft…………………………Ned’s Lake, Twilight Lake

Table 3. Protected Steelhead Streams Described (highlighted in yellow on maps)

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):

County

Stream Segments

Mackinac……………………….. Black River mainstem and tributaries upstream of the confluence of Peters Creek (Mackinac County, Lake

Michigan Basin).

Mackinac and Chippewa……….. 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).

Mackinac and Huron…………… North Branch of Carp River and its tributaries, and South Branch of Carp River and its tributaries

(Mackinac County, Lake Huron Basin).

Alger…………………………….Sucker River mainstem and its tributaries upstream of Seney Road Bridge (Alger County, Lake Superior

Basin).

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):

Muskegon and Newaygo………..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).

Oceana and Muskegon…………. 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).

Lake and Newaygo……………..Baldwin River and its tributaries and all tributaries upstream of M-37 in the Pere Marquette watershed

(Lake Michigan Basin, Lake and Newaygo counties).

Lake……………………………. Little Manistee River mainstem from Spencer’s Bridge upstream, including all tributaries (Lake Michigan

Basin, Lake County).

Manistee…………………………Above County Road 600, Bear Creek mainstem and tributaries in the Manistee River watershed (Lake

Michigan Basin, Manistee County).

Benzie and Manistee…………… Dair Creek and its tributaries and Little Betsie River and its tributaries in the Betsie River watershed (Lake

Michigan Basin, Benzie and Manistee counties).

Benzie……………………………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. This

segment is currently not considered or designated as “protected”; therefore permitting is not limited in

the same manner as described for “protected streams” as above, follow general regulations on spearing

and reporting (2010-11).

Antrim………………………….. The mainstem Jordan River and all tributaries above Graves Crossing (Lake Michigan Basin, Antrim

County).

Presque Isle……………………..Little Ocqueoc River and its tributaries and Silver Creek and its tributaries in the Ocqueoc River watershed

(Lake Huron Basin, Presque Isle County).

Otsego………………………….. The mainstem Pigeon River and its tributaries upstream of Webb Road (Mullett Lake, Lake Huron Basin,

Otsego County).

Cheboygan and Otsego…………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).

Table 4. General Fishing Regulations Summary

Species

Locality

Methods

Open Season

Bag Limit

Size Limits

Possession

Permits

Reporting

Trout and

salmon

All inland Lakes

not otherwise

listed

Hook and line and

spearing through

ice (see note 2)

No Closed Season

5 per species per

day**

10" minimum

10 in combination

including all

salmonids

None

Trout and

salmon

State Trophy

Type "D" Lakes

(see Table 2)

Hook and line with

Artificial Flies

Only

Last Saturday in

April through

September 30

1 per species per

day

Trout and Atlantic

Salmon 15" minimum;

Pacific Salmon 10"

minimum

1 per species per

day

None

See Maps for Regulated

Fishing Locations

Brook trout

and Brown

Trout

Designated Trout

Streams*

Hook and line

(LP) December 1

through October 14

(UP) November 16

through September

10 per species per

day with no more

than three >16"**

8" min with no more

than three >16"

10 in combination

including all trout

species

None

See Maps for Regulated

Fishing Locations

See Maps and

Descriptions (Table 2 )

for Regulated Fishing

Locations

Type 5 Streams

Brook,

brown,

rainbow and

lake trout;

splake and

salmon

Type 6 Streams

Hook and line with

Artificial Flies

Only

Type 7 Streams

Brook and brown

trout and Atlantic

Salmon Last

Saturday in April

through September

30; Rainbow trout

(steelhead) and

Salmon Open All

Year

2 per species per

day***

No Closed Season

No Possession

(catch and release

only)

Brook trout and

salmon 10"; Brown

and rainbow trout,

splake, and Atlantic

Salmon 15"; Lake

2 in any

trout 24"

combination; except

coho, chinook and

Brook trout, splake

pink salmon 4

and salmon 10";

Brown and rainbow

trout 12"; Atlantic

Salmon 15"; Lake

trout 24"

Except that children under the age of twelve

(12) shall be allowed to keep one fish if it is

between eight inches (8”) and twelve inches

(12’) in length.

None

Lake trout

Type 3 Streams

and all others not

listed

Hook and line

No Closed Season

10 per day**

8" minimum

10 in combination

including all trout

species

None

Rainbow trout

(steelhead)

Type 3 Streams

and all others not

listed

Hook and line

No Closed Season

10 per day with no

more than three

>16"**

8" min with no more

than three >16"

10 in combination

including all trout

species

None

10 per day with no

more than three

>16"**

8" min with no more

than three >16"

10 in combination

including all trout

species

None

10 per species per

day

8" minimum

5 per species

None

Rainbow trout

(steelhead)

Protected

Streams†

Hook and line

(LP) Last Saturday In

April through March

(UP) Last Saturday

In April through

March 30

Salmon

Type 3 Streams

and all others not

listed

Hook and line

No Closed Season

Notes

See Maps and

Descriptions (Table 4)

for Regulated Fishing

Locations

Large/smallm

outh bass

All Inland Lakes

and Streams not

otherwise listed

Hook and line and

spearing through

ice (see note 1)

No Closed Season

10 per day

12" minimum

2xbag

None

See Section 6.05 C for

special gear and species

restrictions on specified

inland lakes.

Walleye/sauger

Bay de Noc

Tributaries

Hook and line

May 15 through March

14 (No Closed Season

on Great Lakes)

10 per day

14" minimum

2xbag

None

See Section 6.05 E for

details.

Walleye/sauger

(See Note 2)

All Inland Lakes

and Streams not

otherwise listed

Hook and line and

spearing through ice

(see notes 1 and 2)

(UP) May 15 to March

(LP) Last Saturday in

April through March 14

10 per day

14" minimum

2xbag

None

See Section 6.05 D for

details.

Muskellunge

All Inland Lakes

and Streams

Hook and line and

spearing through ice

(see note 1)

No Closed Season

1 per day

42" minimum

2xbag

None

See Section 6.05 B for special

gear and species restrictions

on specified inland lakes.

Northern Pike

All Inland Lakes

and Streams not

otherwise listed

Hook and line and

spearing through ice

(see note 1)

No Closed Season

5 per day

None

2xbag

None

See Section 6.05 B for

special gear and species

restrictions on specified

inland lakes.

Lake Sturgeon

Otsego Lake

Hook and line and

spearing through ice

(see note 1)

No Closed Season

Otsego Lake only

1 per season

None

Harvest Report

Daily Harvest Report

See Section 6.05 C for special

gear and species restrictions

on specified inland lakes.

Arctic Grayling

No Open Season

Bluegill, sunfish,

All Inland Lakes

Hook and line and

crappie, lake

and Streams not spearing through ice

whitefish, and

otherwise listed

(see note 1)

yellow perch

No Closed Season

50 per day

None

2xbag

None

Other species not All Inland Lakes Hook and line and

spearing through ice

and Streams

listed

(see note 1)

No Closed Season

No limit

None

No limit

None

Baitfish

All Inland Lakes

and Streams

Hook and line, seines,

minnow traps and

dipnets

No Closed Season

No limit

None

No limit

Permit and Reporting

Required for Commercial

Harvest

Smelt

All Inland Lakes

and Streams

Hook and line, seines,

minnow traps and

dipnets

No Closed Season

2 gallon per day with

seines; 5 gallon limit

all other methods

None

2xbag

None

See Section 6.05 A for gear

restrictions

None

*See Maps of Regulated Fishing Locations

**The daily bag limit for trout in streams shall be 10 total in any combination.

***The daily bag limit for trout in Type 5 and 6 streams shall be 2; except that 2 additional Coho, Chinook or Pink salmon may be possessed.

†Protected streams only--See Table 3 and Maps of Regulated Fishing Locations.

Note 1: See Section 6.04 A of Inland Fishing Regulations for legal hook and line methods.

Note 2: See Table 5 where Walleye Systems are hook and line seasons by permit only for the following periods: (UP) April 1 through May 15 and (LP) March 15 through the Last Saturday in April; otherwise no permit is

required.

Table 5. Specially Regulated Fisheries Summary

Locality

Methods

Open

Season

Bag Limit

Size Limits

Possession

All inland Lakes

Open Water

Spearing/Bowfishing and

netting (see notes 6 and 7)

No Closed

Season

5 per day in any

combination

16" minimum

2xbag

Reporting required Contact NRD for Reporting

within 7 days of

Requirements and

harvest (see note 6)

Documents

Designated Trout

Streams*

Open Water

Spearing/Bowfishing and

netting (see note 6)

(LP) December

through

October 14

(UP) November

16 through

September 30

Designated on

permit

8" min with no more

than three >16"

2xbag

Reporting required Contact NRD for Reporting

within 7 days of

Requirements and

harvest (see note 6)

Documents

Brook, brown, lake and Type 3 Streams

and all others not

rainbow trout

listed

(steelhead)

Open Water

Spearing/Bowfishing and

netting (see note 6)

No Closed

Season

10 per day**

8" min with no more

than three >16"

2xbag

Reporting required Contact NRD for Reporting

within 7 days of

Requirements and

harvest (see note 6)

Documents

Species

Trout and salmon-lakes not otherwise

listed (see note 4)

Brook and brown trout

Permits

Reporting

Notes

Rainbow trout

(steelhead)

Protected

Streams***

Open Water

Spearing/Bowfishing and

netting (see note 6)

April 1 through

April 15

Designated on

permit

16" minimum

2xbag

Daily spearing

permits required

Reporting required

within 7 days of

harvest (see note 6)

Contact NRD for Permit

availability; See Section

6.05 G. for more details.

Salmon

Little Manistee

River (see notes 2

and 3 Below)

Open Water

Spearing/Bowfishing and

netting (see note 6)

September 1

through

November 14

5 per species per

day

12" minimum

2xbag

Daily spearing

permits required

Reporting required

within 7 days of

harvest (see note 6)

Contact NRD for Permit

availability; See Section

6.05 F. for more details.

Salmon

All streams not

listed (see note 4)

Open Water

Spearing/Bowfishing and

netting (see note 6)

No Closed

Season

5 per species per

day

12" minimum

5 per species

Large/small-mouth

bass

Inland Lakes†

Open Water

Spearing/Bowfishing and

netting (see note 6)

No Closed

Season

10 per day

12" minimum

2xbag

Daily permits for

netting only (note

Walleye/sauger

Bay de Noc

Tributaries

Contact NRD for Permit

availability; See Section

6.05 E. for more details.

Contact NRD for Permit

availability; See Section

6.05 D. for more details.

Walleye/sauger

Reporting required Contact NRD for Reporting

within 7 days of

Requirements and

harvest (see note 6)

Documents

Reporting required Contact NRD for Reporting

within 7 days of

Requirements and

harvest (see note 6)

Documents

Hook and line, Open Water

April 1 through

Spearing, and Netting (see note

May 14

Designated on

permit

14" minimum

2xbag

Daily permits

Reporting required

necessary as

within 7 days of

specified

(note

harvest (see note 6)

(UP) April 1

All inland lakes Hook and line, Open Water through May 14

and streams not Spearing, and Netting (see note (LP) March 15

otherwise listed

through last

Friday before

Designated on

permit

14" minimum

2xbag

Daily permits

necessary as

specified (note 1)

Reporting required

within 7 days of

harvest (see note 6)

last Saturday in

April

Northern Pike

Inland Lakes†

(see note 5)

Open Water

Spearing/Bowfishing and

Netting (see note 6)

No Closed

Season

5 per day

20" minimum

2xbag

Daily permits for

netting only (note

Reporting required Contact NRD for Reporting

within 7 days of

Requirements and

harvest (see note 6)

Documents

Muskellunge

Inland Lakes†

Open Water

Spearing/Bowfishing and

netting (see note 6)

No Closed

Season

1 per day

42" minimum

2xbag

Daily permits for

netting only (note

Reporting required Contact NRD for Reporting

within 7 days of

Requirements and

harvest (see note 6)

Documents

Lake Sturgeon

Black Lake

Open Water Spearing,

Spearing through ice, Hook

and Line (see note 6)

January 1 to

December 31

By Permit Only

None

1 per permit

Bluegill, sunfish,

crappie, lake whitefish, Inland Lakes†

and yellow perch

Open Water

Spearing/Bowfishing and

netting (see note 6)

No Closed

Season

50 per day

None

2xbag

Daily permits for

netting only (note

Reporting required Contact NRD for Reporting

within 7 days of

Requirements and

harvest (see note 6)

Documents

Open Water

Spearing/Bowfishing and

Netting (see note 6)

No Closed

Season

Designated on

permit

None

No limit

Daily permits for

netting only (note

Reporting required Contact NRD for Reporting

within 7 days of

Requirements and

harvest (see note 6)

Documents

Other Species Not

Listed

Inland Lakes†

Lottery: Apply with Immediate Reporting Contact NRD for Reporting

GTB-NRD Nov 1

and Check-in

Requirements and

to Dec 15.

Required

Documents

*See Maps of Regulated Fishing Locations

**The daily bag limit for all trout in streams shall be 10 total in any combination.

***Protected streams only--See Table 4 and Maps of Regulated Fishing Locations

†Designated lakes only (Table 7)--Harvestable quotas to be determined through assessments and consultation with participating management agencies.

Note 1: Daily permits are necessary prior to harvest for this species, for all methods, during specified season and locality; except that outside specified season, permits prior to harvest

are only necessary for netting.

Note 2: Little Manistee River - It shall be lawful to use spears or bows to harvest only salmon in the Little Manistee River from the mouth of the Little Manistee River at its confluence

with Manistee Lake upstream to three-hundred feet (300’) downstream from the Little Manistee River Weir.

Note 3: Spearing shall be prohibited in the vicinity of the Little Manistee River at its confluence with Manistee lake- The area closed is defined by a line extending from a squared red post

located one-hundred feet (100’) 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.

Note 4: It shall be unlawful to spear Atlantic salmon in the Torch Lake watershed.

Note 5: It shall be unlawful to take or possess northern pike in Potagannising River (Chippewa County) below the Potagannising Dam downstream to Maxton Road from April 15 through

May 15

Note 6: See Sections 6.04 C. and 6.05 D, E, F, and G of Inland Fishing Regulations for specific netting, spearing and reporting requirements.

Maps of Regulated Fishing Locations

Legend

Trout Restrictions - Trophy (5, 6 & 7) Trout Streams (Table 1)

Type 5 Stream Segment

Type 6 Stream Segment

Type 7 Stream Segment

Brook and Brown Trout

Designated Trout Streams

Type 3 Stream

State Trophy Trout (Type “D”) Lakes (Table 2)

Protected Streams – Steelhead (Rainbow) Restrictions (Table 3)

“Quality” Lakes (Section 6.05 C)

Lakes Closed to Pike and Muskellunge Spearing (Section 6.05 B)

Northern Pike No Size Limit Lakes

Northern Pike No Size Limit Rivers

For questions please contact:

GTB Natural Resource Department

2605 N. West Bayshore Drive

Peshawbestown, MI 49682

(231) 534-7500 office

(231) 534-7576 fax

CONTACT INFORMATION:

GTB TOLL FREE LINE – 866-534-7750

NRD/CONSERVATION MAIN LINE – 231-534-7500

GTB Website: www.gtbindians.org

CORA Website: www.1836cora.org

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.