Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12MAZINA’IGAN PAGE 10 SPRING 2017 • WALKING ON/ELECTROFISHING/WOLF DELISTING • Leventhal: Indian law, treaty rights pioneer walks on American Indian law expert and leading Twin Cities attorney Larry Leventhal walked on January 17. For more than 40 years, Leventhal served as legal counsel to native people, becoming an authority on Ojibwe treaty rights in the upper Midwest. “Hiscontributionstothepractice of Indian law are phenomenal,” said KathrynTierney,aLeventhalcontem- porary and longtime attorney at Bay Mills Indian Community. She remembers Leventhal as one of the few attorneys in the region with an interest in Indian law in the early 1970s. That interest evolved into support for the American Indian Movement (AIM) along with seminal work on Ojibwe treaty rights. His influence on treaty rights was recently highlighted in the GLIFWC short biography, “Crossing the Line.” Leventhal advised Lac Courte Oreilles (LCO) members Fred and Mike Tribble to fish off-reservation in order to launch a legal case.Thatcase,LCOvWisconsin,culminatedinthe1983VoigtDecision,affirming inland treaty rights in the Wisconsin Ceded Territory. Leventhal also represented LCO in successful, long-running negotiations with Northern States Power over management and control of the Winter Dam, which regulates water levels on the Chippewa Flowage. “Larry never bragged, never yelled, he was never anything other than a gentleman,” Tierney said. “Native people throughout the upper Midwest owe him many debts of gratitude.” Tierney first met Leventhal in 1973 during the prosecution of AIM leaders Russell Means and Dennis Banks in St. Paul following the takeover at Wounded Knee, SD. They further collaborated on treaty rights issues in the 1980s. Leventhal died of pancreatic cancer in Minneapolis. He was 75. —COR (StarTribune photo) • tools to assess and restore wetland health in the Great Lakes basin; • mandatory controls to improve the water quality in western and central Lake Erie; • preventing new invasive species from establishing in the Great Lakes and the best ways to eradicate or control the ones that already present; and • developinganeffectivebinationalapproachtominimizeimpactsofclimate change. Comments on the 2016 Progress Report of the Parties and TAP are due April 15, 2017 and can be submitted at one of the public IJC meetings or online at www. participateijc.org. —Jennifer Vanator contributed to this article. Public comments welcomed (continued from page 5) As spring rapidly approaches, GLIFWC Inland Fisheries personnel are gear- ing up for another busy season conducting a spring juvenile walleye survey on Mille Lacs Lake and adult walleye surveys on other smaller lakes within the 1837 Ceded Territory of Minnesota. The purpose of the juvenile walleye survey on Mille Lacs Lake is to gauge walleye survivability during their first year of life. During this survey, GLIFWC and Fond du Lac electrofishing crews sample the entire 78-mile shoreline in order to collect, count, and measure age-1 walleye, which are typically found foraging neartheshorelineatnight.Thisbiologicalinformationprovidesinsightforfisheries biologists when predicting the future abundance of adult walleye, and ultimately helps inform walleye management decisions on Mille Lacs Lake. Currently, few juvenile walleye are surviving to adulthood. Although the cause of poor survival remains unclear, fisheries biologists suspect that a combination of factors such as predation, presence of invasive species, changes in food availability, and changing climatic conditions could be negatively affecting the walleye population. The objective of adult walleye surveys in the other smaller lakes is to estimate the overall population size of adult fish. This is accomplished by electrofishing along the shoreline in two stages. The first stage, the ‘marking run’, involves col- lecting adult-sized walleye, which are measured, sexed, and marked with floy tags. After waiting a few days, electrofishing crews return to these lakes for the second stage, ‘recapture run’, which involves electrofishing crews collecting fish along the shoreline for a second time. Based on the number of marked and unmarked fish that the crews collect, biologists are able to estimate the adult walleye popula- tion for each lake. Contact Ben Michaels at 715-685-2175 for more information. Minnesota spring surveys: A shockingly good time By Ben Michaels, GLIFWC Fisheries Biologist Washington,DC—UnitedStatesSenatorsTammyBaldwinandRonJohnson of Wisconsin, along with Amy Klobuchar of Minnesota, introduced legislation January17toremoveGreatLakesma’iinganagfromthelistoffederallyendangered species. This bill would allow states to authorize wolf hunting seasons again, and it would prevent review by the courts. Historically, ma’iinganag enjoyed an extensive territory across most regions within North America. With the expansion of non-Indian settlement, ma’iingan populations decreased. By the time ma’iinganag were listed as an endangered spe- cies in 1974, only remnants of the former populations survived. Within the Great Lakes region, federally protected ma’iinganag in northern Minnesota were able to repopulate areas within the Ojibwe Ceded Territory. This expansion of ma’iingan territory is correlated with theAnishinaabe tribes’assertion of reserved rights and on-and off-reservation sovereignty that gained traction in the 1970s. Efforts to delist ma’iingan began in 2006. The U.S. Fish & Wildlife Service determined that ma’iinganag in certain areas, including the Great Lakes region, had healthy populations and that federal protections were no longer necessary. In order to lift federal protection, the U.S. Fish & Wildlife Service attempted to make Great Lakes ma’iinganag a “Distinct Population Segment” or DPS. This action was challenged in the courts, with the courts finding that Service’s method for delisting ma’iinganag was improper under the Endangered Species Act. Basi- cally, the courts have concluded that the Endangered Species Act was written to make a DPS operate only one way. A DPS could be created to protect a small group of a species of plants or animals in need of protection due to its location or genetic variation. However, a DPS could not be created to undo protection under the Endangered Species Act because a small group of a species is doing better. In the case of wolves, the courts have concluded that even though the Great Lakes population is doing well, the fact remains that ma’iinganag are absent from much of their former territory. A 2014 court order relisted ma’iinganag on the Endangered Species List and blockedstatesfromconductinggeneralwolfhuntingseasons.Therecentlyproposed legislation would end federal protection. —Phoebe Kebec and Peter David Proposal may remove wolf protections in Great Lakes region Ceded Territory news briefs Treaty rules update for Red Cliff authorities GLIFWC staff met with staff of the Red Cliff Tribal Court and the Red Cliff conservation wardens February 22 to share updates on the tribes’ model conservation codes for off-reservation treaty harvesting. Chief Judge Steve Boulley requested the training to learn about updates to the codes, especially the deer night hunting provisions. The training began with a discussion of the nature of the tribes’ harvest- ing rights. “The right of the tribes to harvest plants and animals was not given to the tribes when they signed the treaties,” said Philomena Kebec, GLIFWC policy analyst. “Those harvesting rights are part of the tribes’ inherent rights and relate to their status as sovereign nations, preexisting the formation of the United States.” ConservationwardensfromRedCliffandGLIFWCsharedtheirexperiences in the field when the conversation moved to various enforcement scenarios. GLIFWC staff is available to provide training to member tribes on a variety of subjects. Please contact Kebec at 715.682.6619 for more information. Get ready for a new planting season FoodSovereigntyistherighttofoodthatishealthy,culturally-appropriate, and produced using sustainable methods. Many believe that if you lose your traditional harvesting methods and foods you may ultimately lose your cultural identity. Bad River Food Sovereignty Program (BRFS) Coordinator Shelley Maday invites the public to learn about planting snow peas in a high tunnel greenhouseduringcoldseasons.TheBRFSprogramalsoismakingplanstoplant romaine lettuce, spinach, giving away garden plants, and sugar bushing soon! Stop by the BRFS building at 54026 Birch St. Odanah, WI 54861 (old tribal school) or call 715.682.7840 x1611 for more information. —G. Anderson