Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24• VOIGT MODEL CODE/MIGRATORY BIRD REGS • On the cover Spearing through the ice (akwa’waa) is a venerated Anishinaabe tradition and has also developed a following with state-licensed fishers in Minnesota and Michigan. The Biboon cover image from northeast Wisconsin contains many elements of a successful spearing setup: balsam boughs, decoy and jig, spear, blankets to lay on, an alder-framed hut covered in tarps and, of course, a hole cut through the ice to open water. Fish from the esox family and walleye are common species targeted by tribal spearers. See the Kid’s Page (17) for more on akwa’waa. (CO Rasmussen photo) Treaty fishing amendments provide greater flexibility Smaller spears expand harvest opportunities By Phoebe Kebec, GLIFWC Policy Analyst In the last issue, we provided some information on changes to the small game chapter of the Off-Reservation Conservation Codes for the Wisconsin portion of the Ceded Territories of 1837 and 1842. These changes occurred as part of the Voigt Stipulation Amendments. The State of Wisconsin agreed to these changes as they paralleled changes in state law and wouldn’t affect the conservation of small game species. At the time Mazina’igan’s Dagwaagin issue went to press, the stipulation had not been approved by all the tribes or submitted to the court; since then, all six tribes approved the stipulation, followed by Judge Crabb approving the stipula- tion on October 21. In this edition, we’ll provide a rundown of changes to the fishing chapter for the Wisconsin portion of the Ceded Territories. Multiple gear amendment The original version of the Off-Reservation Conservation Codes included a prohibition on carrying multiple types of gear in your boats when spearing, net- ting or setting lines. The multiple gear prohibition has served as an annoyance to tribal members, especially when protesters have gathered at the landings and have stolen or damaged harvesting equipment. Now, tribal members will be able to bring spears and angling equipment (including set lines, bank poles, etc.) along with them in their boats while they are setting gillnets and fyke nets. For lifting nets, the prohibition on carrying multiple types of gear remains in place to ensure that catches aren’t mixed. Spear size For some time, tribal members have wanted to use smaller spears to make it easier to spear smaller fish. The original version of the codes required that spear- ers use spears that have at least 4½-inch tines. The tribes and the state agreed to reduce the allowable size to three inches long. The tribes and the state continue to be actively engaged in discussions on other changes to the Off-Reservation Conservation Codes. We are currently in the first year of a two-year process. Please let your Voigt Intertribal Task Force Representative know if you have ideas on other regulatory changes. You can always find the latest off-reservation regulations at Regulations/regulations.html. The Wisconsin Legislature recently amended state law to remove the requirement that state-licensed deer hunters wear back tags during thetraditionalnine-daygunseason.Thetribesoriginallyrequiredtribal hunters to wear back tags during the state gun hunting season in order to blend in with non-tribal hunters. With the change in state law, back tags will no longer be required for tribal hunters. Tribal hunters will also be able to use blaze pink as an alternative to blaze orange during deer hunting season. AMole Lake creel clerk measures the tines on a walleye spear at a Vilas County boat landing. New regulations allow treaty fishers to use spears with shorter tines to better harvest smaller fish. (CO Rasmussen photo) Tribes, US Fish & Wildlife Service review migratory bird hunting regs Danbury, Wis.—For the past thirty years, GLIFWC member tribes have developed annual migratory bird hunting regulations in partnership with the US Fish andWildlife Service.This partnership arose shortly after the 1983 Lac Courte Oreilles v. Wisconsin decision in which the Seventh Circuit affirmed the existence of the tribes’ off-reservation treaty harvesting rights. The tribes turned to the Service to authorize a tribal waterfowl season because migratorybirdsaremanagedatthefederal,ratherthanstatelevel.TheServicebecame one of the first federal agencies to recognize the tribes’right to self-government in the area of treaty harvesting. In 1985, it issued regulations allowing the tribes with treaty rights to hunt migratory birds to participate in a rule-making process with the Service to create tribal seasons. GLIFWC tribes have participated in the Service’s rule-making process each year since 1985. Since the initial season, several other tribes and coalitions of tribes have begun to participate annually. Last October representatives of nine tribes met at the St. Croix Convention Center with members of the Service’s Migratory Bird Program to discuss the process by which the Service approves the tribes’annual regulations. For the past few years, the tribes have been concerned that the Service has failed to use the appropriate criteria to approve or disapprove of tribal seasons. GLIFWC has submitted proposals for migratory bird hunting on behalf of the tribes who reserved rights in the 1842 and 1837 Ceded Territories, which include methods designed for more efficient hunting (use of e-calls, night hunting, bait- ing, etc.); these parts of the proposals have not been approved by the Service. The purpose of the discussion at the October meeting was to provide staff of the Service’s Migratory Bird Program with a deeper understanding of treaty rights and the specific requests made by the tribes. By Phoebe Kebec, GLIFWC Policy Analyst Nikag (Canada geese). (COR photo) (see Migratory bird regs, page 3) MAZINA’IGAN PAGE 2 WINTER 2016-17