Ojibwe spring harvest fishing season underway

Spring in Wisconsin, means warmer weather, melting ice and the start of the 2021 Ojibwe spring harvest season, which includes Chippewa, Rusk and Taylor counties. With the Ojibwe spring harvest season officially underway, the DNR reminds Wisconsinites, of the protected tribal right to fish in certain waterways and the legal consequences they could face if found interfering with that right.

Each tribal harvest season, tribal members harvest, using a variety of high-efficiency methods including spearing and netting. The DNR collaborates with the Ojibwe tribes to uphold these tribal rights.

The spring tribal harvest usually begins in mid to late-April through May, or shortly after the ice melts. The season typically starts in the southern portion of the Ceded Territory, and moves north as the season progresses. The tribal harvest is not a date-regulated activity and as a result, there is neither an open nor closed season.

There are 2,300 lakes larger than 25 acres in the Ceded Territory, including 919 walleye lakes and 623 musky lakes. Each year, the Ojibwe tribal members fish a portion of these lakes outside of reservation boundaries during their spring harvest season. Tribal members rely on these lakes to preserve their cultural heritage and it also acts as a vital food source for their communities.

Every season, each tribe declares how many walleyes and muskellunge they intend to harvest from each lake, by March 15. Harvest begins shortly after the ice melts, with nightly fishing permits issued by the tribes to their members and allows a specific number of fish to be harvested, including one walleye between 20 and 24 inches, and one additional walleye of any size.

All fish that are taken, are documented each night, with a tribal clerk or warden present at boat landings. Once the declared harvest is reached in a given lake, no additional permits are issued for that lake and the harvest ends. The Great Lakes Indian Fish & Wildlife Commission (GLIFWC) provides daily reports to the DNR for all fish harvested offreservation, by spearing or netting in the Ceded Territory.

In the mid-1800s, the Lake Superior Ojibwe Tribes ceded more than 22,000 square miles of tribal territory across Northern Wisconsin, including all, or parts, of 30 counties, through a series of treaties with the United States federal government.

When the Ojibwe ceded lands to the federal government, they maintained their rights to hunt, fish and gather off reservation land within the Ceded Territory. After Wisconsin became a state, however, state and local officials frequently assumed statehood superseded Ojibwe treaty rights, and regulated or prohibited off-reservation hunting, fishing and gathering by tribal members.

Then, in 1983, the U.S. Circuit Court of Appeals for the Seventh Circuit ruled – in what is commonly known as the Voigt Decision – that the 19th-century treaties had retained off-reservation hunting, fishing and gathering rights for the Ojibwe in the Ceded Territory, including the right to catch fish by spearing and netting.

It is illegal to interfere, or attempt to interfere, with tribal members who are exercising treaty rights, including the spring harvest of walleye. 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.

Anyone violating tribal rights could be charged under several Wisconsin laws, fined up to $10,000 and sentenced up to nine months in prison. Additionally, any tribal member whose rights are violated, may bring civil action for damages and seek a restraining order. “The DNR is committed to making sure all tribal spring harvest seasons are safe and enjoyable,” said DNR secretary Preston Cole. “The Ojibwe spring harvest, which includes spearfishing, is an integral and respected part of Wisconsin’s history. The DNR is actively engaged with tribal law enforcement officers to protect tribal rights, not only for the upcoming season, but for generations to come.” When dealing with a threat, call 911. If the threat has passed, contact local law enforcement at a non-emergency number. Anglers should call or text the confidential DNR Tip Hotline at 1-800-TIP-WDNR, as soon as possible, to make a report of the event.