April 20, 2023 at 11:39 a.m.
Tribal spearing season to begin soon
"Safe harvest" is based on the total allowable catch for each lake. Total allowable catch is the number of walleye or musky that can be taken from a system by tribal and recreational fishermen without harming the populations of those fish. Safe harvest is calculated as a percentage of total allowable catch, according to the DNR website. To set the safe harvest number, if a recent population estimate is available for a given lake, that estimate is used. For lakes where data is over two years old, a more conservative estimate of the population is used. According to the DNR, safe harvest limits are set so there is less than a one in 40 chance that more than 35% of the adult walleye population will be harvested in any given lake from the combined efforts of tribal spearers and recreational anglers.
Control
Tribal spearing is a treaty-given right and allows tribal members from six tribes in the Ceded Territory to spear lakes that have been declared, up to that declaration limit. Spearing does come with tight regulation in an aim to not over harvest any given water body. Nightly permits are given to tribal spearers. Each permit allows a specific number of fish to be harvested. This number includes one walleye between 20 and 24 inches and one additional walleye of any size. All fish taken from a lake are documented by a clerk or warden who is present at the boat landing of each lake to be speared on a given night. Once the declared harvest has been reached, no more permits are issued for that lake.
Tribal rights
In a recent press release, the DNR reminded members of the public that interfering with tribal harvest is illegal in the State of Wisconsin. When the Ojibwe ceded more than 22,000 square miles of tribal territory to the United States federal government, they maintained their rights to hunt, fish and gather off reservation land within that territory. Throughout the years, state and local officials frequently assumed statehood superseded those treaty rights. In 1983, a federal court ruling reaffirmed the Ojibwe rights to regulated off reservation hunting, fishing, and gathering by tribal members.
"The Wisconsin DNR fully supports Ojibwe sovereignty and treaty rights," said DNR Secretary Adam N. Payne. "We encourage tribal members to get out and exercise their treaty rights. Likewise, we remind the public that it is illegal to interfere with this right and have zero tolerance for harassment."
Anyone found to be violating tribal rights could be charged up to $10,000 and sentenced to up to 9 months in prison. In addition to criminal penalties, tribal members whose rights have been violated may bring suit for civil damages and also seek a restraining order against the offender(s). Under Wisconsin's hate crimes provisions, the maximum fine can be increased by $5,000 and an additional 5 years in prison may be imposed if it is determined a crime is committed, at least in part, based on a "belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry of" the victim. Prohibited conduct against any tribal member includes, but is not limited to, stalking, obstructing access to lakes, recklessly operating watercraft, creating hazardous wakes, threatening violence and committing acts of violence.
"It's against the law to interfere with tribal members' right to hunt, fish, and gather within the Ceded Territories," said Attorney General Kaul in a recent press release. "I join DNR Secretary Payne in calling for a peaceful and respectful spring tribal harvest season in Wisconsin."
Historical spearing
Of the 919 walleye lakes in the Ceded Territory, 271 of them have had some spearing since 1985, according to the DNR website. The number of lakes each year where declarations have been made ranges from 140 to 171 since 1991. In the past 13 years, tribal harvest has ranged from 18,500 to 30,558. An estimated 76% of walleyes speared each year are male. The DNR stated this is consistent with the relative numbers of males and females that make up spawning walleye populations statewide.
The average length of walleye that have been speared in 15.5 inches.
Beckie Gaskill may be reached via email at [email protected].
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