State files suit against LdF Tribe for fishing regulations on reservation lakes

The state of Wisconsin has filed a lawsuit against the Lac du Flambeau Band of Lake Superior Chippewa Indians because of fishing regulations the tribe enacted which disallow non-tribal members from targeting walleyes and muskies on nearly 20 lakes within the reservation and banning non-tribal members from using forward trolling and forward facing sonar on all lakes within the reservation.

The tribe first announced its new fishing regulations on March 30 and added to the regulations in an announcement on April 16. 

State of emergency

On April 20, the tribe declared a state of emergency “in response to the critical decline of Walleye and Muskellunge populations in Reservation lakes, and in recognition of public safety concerns brought forward by the State of Wisconsin.”

The tribe, in the announcement of the state of emergency on Facebook, said it had a “government-to-government meeting” with the Department of Natural Resources (DNR) secretary Karen Hyun and Northern Wisconsin Regional Director James Yach. 

“This declaration is being made for the safety and well-being of all community members, Tribal and non-Tribal alike, while also addressing the urgent need to protect fisheries that are central to the Reservation’s ecosystem, culture, and future,” the tribe said. 

According to scientific data collected by the tribe’s fish hatchery and natural resources department, reservation lakes “are experiencing dangerously low Walleye and Muskellunge populations.”

“Our people have been stewards of these waters since time immemorial,” tribal president John Johnson Sr. said in the announcement. “The walleye is not just a fish to us; it is a clan relative, a traditional food source, and central to our way of life. When fish populations collapse, we have not only the right but the responsibility to act. 

“This emergency declaration reflects our responsibility to protect our waters, our resources, and the well-being of our people. We must act now to ensure future generations will continue to access these sacred and culturally significant species.”

The announcement posted to Facebook April 29 declaring the state of emergency was subsequently edited to point out that no changes were made to the regulations the tribe enacted. 

“The closure of fishing for Walleye and Musky is still only for non-tribal. However, we do ask our Tribal Members be diligent and harvest safely!” the tribe said. 

‘Deeply disappointed’

The tribe took to Facebook again on April 30, this time saying it was “deeply disappointed” by the state’s decision to file a lawsuit against the tribe instead of continuing to engage in “government-to-government dialogue that had only recently begun.”

“The Tribe has consistently acted in good faith to address a serious and well-documented decline in walleye and muskellunge populations within Reservation waters, while also responding to public safety concerns raised directly by state officials,” the tribe said in response to the lawsuit being filed. “Our actions were taken to protect natural resources that are central to our culture, our community, and future generations.

“The Tribe’s approach has a proven track record. When Flambeau Lake was closed to non-member walleye and musky fishing in 2022, the State did not challenge that action. Since then, walleye populations in Flambeau Lake have increased dramatically — from 0.2 fish per acre in 2020 to 3.1 fish per acre in 2025, representing a fifteen-fold recovery.”

Tribal vice-president George Thompson said in the April 30 announcement the tribe is only trying to supplement what the state can’t do anymore. 

“Over the past twenty years, Wisconsin DNR has closed hatcheries, reduced walleye stocking by 45 percent, reduced musky stocking by 70 percent, and eliminated dozens of fisheries positions,” he said. “Someone has to protect these fish. If the State will not, we will.”

The tribe said concerns regarding public safety from Gov. Tony Evers were conveyed during an April 27 meeting between the tribe, Hyun and Yach. In response, the tribe said, it issued the state of emergency. 

“The Governor expressed concern about public safety, and we took that seriously,” Johnson said. “That is exactly why we acted, to protect our community, our waters, and our way of life. The Tribe has both the legal authority and the moral responsibility to safeguard fisheries within the Reservation.”

The tribe said it believes the powers it exercised are consistent with federal law and Johnson said the tribe would’ve “preferred to resolve this cooperatively.”

“We remain open to respectful dialogue with the State,” he continued. “But we will not stand by while the fisheries our ancestors protected for generations will continue to decline. Waaswaaganing has always been our home, and we will protect these waters for our children, grandchildren and the Seventh Generation — as we always have.”

Potential for division, tension and animosity

Gov. Evers, in a statement sent to The Lakeland Times, said he has a “deep respect and appreciation for Tribal sovereignty, Tribal leaders and elected officials, and the government-to-government relationships we share, and I will always be a governor who supports self-governance and the rights of the Nations to make decisions for their citizens.”

He said the work he does with the state’s tribal nations are partnerships that “depend on transparency, communication, and a willingness to work together in good faith when conflict arises,” and he remains committed to collaborate for the purpose of reaching a mutual resolution when needed. 

However, Evers said, he must always do what’s right for all Wisconsinites, both those who are part of tribal nations and those who are not.

“Here, the issue is whether any Tribal Nation may prohibit any Wisconsinite, regardless of whether they are a citizen of a Native Nation, from hunting or fishing on certain lakes or dictate what may be hunted or fished,” he said. “The Tribe apparently decided to do so several weeks ago without any communication or conversations with the state or others in advance, and without adequate efforts to answer reasonable questions or provide basic information about this decision to the public in the weeks since.”

Evers said his administration spent weeks working in good faith to gather more details from the tribe in order to understand more about the decision and regulations enacted, also wanting to reach “an agreeable resolution.” But that was “all to no avail.”

“Unfortunately, the lack of communication and transparency about this decision, coupled with outstanding safety concerns caused by generations of tension and violence that have surrounded Tribal rights and fishing on these lands for centuries, has the potential to unnecessarily sow division, stoke tension, and further entrench animosity between neighbors where it need not and should not exist,” he said. “This has left the state no other choice but to intervene and take additional legal steps. 

“This was not a decision made lightly, nor is it a path anyone ever hoped to have to take. It is my strong preference, as always, that conflicts and disagreements between governments can and should be resolved through respectful and constructive dialogue, empathy and understanding, and, most of all, a commitment to working together.”

Evers said he remains “hopeful” the tribe and state can still work together to resolve this issue. 

Trevor Greene may be reached via email at [email protected].